Kdensity has been created to help businesses transform into better versions of themselves. It helps businesses to improve transparency in how they actually operate, allows them to identify and implement opportunities for enhancements and provides tools to help improve their processes and productivity. As businesses should transform and seek opportunities for incremental improvements, so will Kdensity. It will be periodically reviewed, adjusted and enhanced to ensure it remains a market-leading proposition.
General
- The Kdensity (Service) is provided by Bespin Ltd (Kdensity, us, we, our) to you. By using, accessing, browsing or registering to use the Service you confirm that you have read, understood and agree to these Terms and Conditions in their entirety.
- Use of the Service also constitutes acceptance by you that these Terms and Service apply to your usage of all future products and features that we add over time.
- You must read these Terms and Conditions carefully. We recommend that you print and keep a copy for your future reference. If you do not agree to these Terms and Conditions in their entirety you must not use the Service or any related products and features.
- We may amend these Terms and Conditions at any time. Terms and Conditions become effective on the date of publication. By continuing to access, browse and use this Service, you will be deemed to have agreed to any changes or updates to the Terms and Conditions.
- Violation of these Terms and Conditions may result in the termination of your account and the accounts of other users related to your account. We reserved this right in order to protect the Service for the benefit of others.
Privacy Policy
We take your privacy very seriously. Please read our Privacy Policy to understand how we handle your information. We do not and will never share your information with third parties. By accepting these Terms and Conditions you will be deemed to have read, understood and agreed to the Privacy Policy.
Eligibility
You must be a minimum age of 18 to register on and use the Service. By registering and using the Service you warrant that you are 18 or older and understand your obligations under these Terms and Conditions.
Registration and Account Integrity
- As part of the registration process you will need to create an account, including an email address and password. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. You cannot create an account or use the names and information of another person unless you are an administrator adding an account for another user within your company using accurate details and a valid email address.
- You can not use words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate.
- Accounts must not be registered by “bots” or other automated methods.
- An account must only be used by a single company or group of company entities. Accounts must not be used across multiple unrelated companies. This includes the provision of consultancy to clients or customers of your company.
- Subscriptions are non-transferable and must not be sold for use by other organisations.
- If for any reason you suspect that your email address and password has been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact users requesting them to confirm their email address and password or other details.
- We cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
- We reserve the right with or without notice to suspend or terminate any account in breach of these clauses.
Trial Periods
- If you elect to use the free trial of the Service you agree to that you have read, understood and agree to these Terms and Conditions in their entirety.
- Trial periods can be extended through the purchase of a subscription. If a subscription is not purchased before the end of the trial period your account and the accounts of other users related to your account will be suspended. Accounts can be unsuspended by the purchase of a subscription.
- Trial periods do not require the submission of payment details.
- Data entered during a trial period will be subject to the same Terms and Conditions as that entered during a paid for subscription.
Pricing, Plans and Features
- We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of the Service subscription is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any overpayment made by you (as applicable).
- We reserve the right to alter the Service subscription pricing and the Service features without notice.
- Our pricing plans are delivered in tranches and pricing may vary between customers.
- All payments are subject to UK VAT (Value Added Tax). You are responsible for recovering the payment of taxes that do not apply to you.
Payment and Credit Control
- All subscriptions are billed in advance.
- If you upgrade from a free or trial account you will be immediately charged for the subscription. Your subscription will start on the end date of the trial period.
- When an active subscription is renewed / extended the new subscription will run from the end date of the previous subscription.
- Payments must be made using a valid debit or credit card (or other valid payment method accepted by us). We use a third party platform to process payments and do not store debit or credit card details. Payments made from a non-GBP (Great British Pounds) account will be subject to exchange rates defined by the third party platform.
- Where a payment is declined (for whatever reason) access to your account or accounts may be suspended immediately until such time as a valid payment has been processed.
Cancellation Rights and Refunds
- Failure to renew / extend a subscription will be deemed to be a cancellation and access to your account and the accounts of other users related to your account will be suspended immediately.
- We are under no obligation to provide refunds when cancellations are requested before the end of a paid subscription period.
- Requests for refunds should be made using the website contact form.
Defects and Bugs
- Although the Service and future enhancements are tested extensively we do not guarantee these are defect free.
- Defects and suggestions for enhancements can be fed back using the website contact form.
- Reported defects and enhancement suggestions will be prioritised with other work and may not be addressed.
Service Level
- Your use of the Service is at your sole risk. Although we endeavour to ensure the Service is available at all times outside maintenance windows we do not offer service level agreements for the Service or future products and features.
- We may make the Service temporarily unavailable for maintenance and upgrades.
- We are not responsible for Service outages due to malicious attack or technical failure.
Technical Support
- Requests for support should be made using the website contact form.
- We will ask for express consent before accessing your account and related user accounts.
Content Ownership
- You own and are responsible for all content posted and activity that occurs under your account by you and other users related to your account. That includes content posted by others who have access to your sign in credentials. Sharing of sign in credentials is not required or recommended.
- All content we provide is provided for information only and should not be considered ad advice on which you rely..
- We will only share data when we are compelled to do so by government authorities.
Copyrighted Material
- All content uploaded to the Service or referenced using links must comply with UK copyright law.
- You retain the intellectual property rights to all content uploaded to the Service.
- We own our brand and logos. You must request permission to use our brand or logos for promotional purposes. Requests for permission must be made using the website contact form.
- We own all original aspects of the Service. These must not be reproduced, copied or exploited to any extent.
- You must not suggest or imply an association to us or the Service without prior written permission.
Usage Restrictions
- You must not circumvent, disable, or otherwise interfere with security-related features of the Service, including features that enforce limitations on the use of the Service and/or the information it contains.
- You must not engage in unauthorized framing of or linking to the Service.
- You must not engage in automated use of the system for either input or extraction of data or other content from the Service without written permission from us.
- You must not use email addresses stored by the Services for sending unsolicited emails or creating user accounts under false pretenses.
- You must not mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- You must not attempt to retrieve, modify, store or translate the computer code used by the Service or reverse engineer the Service software.
- You must not upload any computer or code or software to the site or links to websites and software which will disrupt the Service in any way.
- You must not use the Service in a manner inconsistent with any applicable laws or regulations.
- Your use of the Service must not significantly exceed the average usage of other customers of the Services and must not negatively impact the performance of the Service for other users.
- You must not seek to harm the reputation of us or the Service.
- Your account can be suspended / terminated following any activity we deem detrimental to the Service.
Termination of Services
- We reserve the right to modify, suspend or discontinue the Service in whole or in part. Modifications, suspensions and discontinuations of the Service can occur at any time and do not require notice to you. Use of future versions of the Service will be subject to these Terms and Conditions, which may be revised from time to time. By using Use of the Service you agree that we will not be liable to you or any third party for any changes to the Service.
- We reserve the right to suspend or terminate your account and refuse any and all current or future use of the Service and related products and features for any reason at any time. Suspension means that you and any other users related to your account will not be able to access their account or any content in the account.
- We reserve the right to refuse the use of the Services to anyone for any reason at any time. Termination will generally be due a violation of the Usage Restriction clauses in these Terms and Conditions but may also be as a result of any other behaviour that we deem detrimental to us and the Service we provide or our reputation.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) to us or anyone we work with will result in immediate account termination.
- Termination will result in the access suspension of your account and the accounts of other users related to your account and the forfeiture and relinquishment of all content in these accounts. All content will be permanently deleted 60 days after termination. We cannot recover this information once it has been permanently deleted.
Access and Backups
- We use third party partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- Although we endeavour to keep your data safe and secure we accept no liability if data is lost or exposed.
Warranties and Liability
- We offer no warranty for the use of the Service or future products and features.
- You understand and agree that we will not be liable for any in law or in equity for any tangible or intangible losses resulting from the use of the Service or future products and features. This includes, but is not limited to, losses due to lost income, reduced goodwill from customers and clients, reputational damage, loss of data, procurement of substitute goods and services and the requirement to undertake rework. You agree that we are not liable for any losses even if we have communicated the potential for such losses.
- You also understand and agree that the limitation of liability relates any arrangements you have with third party organisations and partners.
- We do not guarantee that your use of the Service or future products and features will not cause damage to your computer or other device. It is your responsibility to implement safeguards and procedures to screen out anything that may damage or harm your computer or device.
Waiver
There may be times where we do not exercise or enforce a clause or clauses of the Terms and Conditions. Failure to enforce a clause or clauses does not waive that right or provision.
Indemnity
By using the Service or future products and features you indemnify us against claims of any direct or indirect losses incurred by you, your employees, your customers and/or business associates.
Entire Terms & Conditions
These Terms and Conditions set out the entire agreement and understanding between you and us.
The Consumer Rights Act 2015
These Terms and Conditions do not affect your rights as set out by The Consumer Rights Act 2015.
Your Statutory Rights
These Terms and Conditions do not affect your statutory rights.
Links to Websites
We may include links on this Website to other websites that may be of interest. We give no endorsement to sites we link to and are not liable for your use of them. We do not guarantee or warranty any of the content, products and services provided by any of the external internet sites that we link to. We accept no liability for your use of external sites. You acknowledge and agree that we are not responsible for the content or availability of any third party sites.
Severance
If any of the Terms and Conditions are deemed invalid, void or unenforceable that individuation provision will be deemed severable from the rest and will not affect the validity and enforceability of the remaining Terms and Conditions.
Governing Law
These Terms and Conditions shall be governed by the laws of England and any dispute between us will be resolved exclusively in the Courts of England.
Publication Date
These Terms and Conditions were published on 21st November 2020.