Terms and conditions

1. Introduction

1.1 These terms and conditions shall govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

2. Copyright Notice

2.1 Copyright (c) 2017 Kartpit Ltd.
2.2 Subject to the express provisions of these terms and conditions:
2.3 If you register with our website, we will ask you to expressly agree to these terms and conditions.
2.4 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

3. Licence to use website

3.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) download to your computer files that we explicitly specify on the website are available for download;
(d) print pages from our website;
(e) stream audio and video files from
our website; (f) use our website services by means of a web browser; and
(g) share our content using the social media sharing functionality built into the website, subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
3.3 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
3.4 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (other than in accordance with Section 3.1(g));
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
3.5 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

4. Acceptable use

4.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(f) violate the directives set out in the robots.txt file for our website;
(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
(h) take any action on or in relation to our website with the intention of increasing the amounts which may be payable by an advertiser using our website.
4.2 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
4.3 Save where expressly indicated otherwise on our website, you must not add any information to our website that may facilitate direct communications with other users (including without limitation email addresses, postal addresses, instant messaging IDs, telephone numbers, fax numbers, personal website URLs and social networking profile URLs).

5. Use on behalf of organisation

5.1 If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:
(a) yourself; and
(b) the person, company or other legal entity that operates that business or organisational project,
to these terms and conditions, and in these circumstances references to "you" in these terms and conditions are to both the individual user and the relevant person, company or legal entity, unless the context requires otherwise.

6. Registration and accounts

6.1 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
6.2 After you have created your account, you will be able to create profiles on the website in accordance with Section 9.

7. Passwords

7.1 If you register for an account with our website, you will be asked to choose a password.
7.2 You must keep your password confidential.
7.3 You must notify us in writing immediately if you become aware of any disclosure of your password.
7.4 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

8. Cancellation and suspension of account

8.1 We may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion without notice or explanation, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable methodology.
8.2 You may cancel your account on our website by sending to us a written cancellation request. You will not be entitled to any refund if you cancel your account in accordance with this Section 8.2.

9. Profiles

9.1 Whilst you have an account on our website, you will be able to create profiles on the website. Profiles will give you access to specific types of website functionality.
9.2 Access to a profile may be subject to such eligibility and evidential requirements as we may specify on the website from time to time. In particular, we may require documentary proof of your identity and/or your authority to act on behalf of a relevant business or other organization.
9.3 In relation to some types of profile, you may grant other users rights to access and manage that profile. We are not responsible for any misuse of a profile by any person to whom you have granted access.

10. Event listings

10.1 You will be able to submit event listings to the website. Depending upon your account type, and subject to your agreement to pay the applicable fees or commission, the listing may take the form of:
(a) an advertisement for your services that may be booked through our website marketplace;
(b) an advertisement for your services that may result in leads that we will forward to you; or
(c) a cost-per-click (CPC) advertisement for your services that directs users to your website.
10.2 You acknowledges that listings are not subject to any manual review process.
10.3 Without prejudice to our other rights under these terms and conditions, we reserve the right to reject, unpublish and/or delete any listings that breach these terms and conditions or that do not meet any additional guidelines for listings published on our website; and if we reject, unpublish or delete a listing for any of these reasons, we will not refund any fees you may have paid to us in respect of the listing.
10.4 If we permit the publication of a listing, it will remain published on our website for the period specified on our website or (if no period is specified) indefinitely, subject to these terms and conditions.
10.5 Listings submitted to our website must be true, fair, complete and accurate in all respects.
10.6 Listings submitted to our website must constitute bona fide listings relating to subject matter that is relevant to our website.
10.7 You must keep your calendar and listings up to date using our website interface; in particular, you must remove any listings in respect of services that have ceased to be available.
10.8 You must ensure that all prices specified in or in relation to a listing are in a currency permitted by the website.
10.9 You acknowledge that, in order to accept payments in respect of bookings made through our website, you must have an account with the designated payment processor. To get access to such an account, you will need to accept the payment processor's own terms and conditions. If you will take payments in respect of such bookings offline, you must register a credit card with the designated payment processor, from which we will deduct relevant payments.
10.10 You must ensure that each booking made in respect of an event listed in our website marketplace, and each cancellation or refund of any such booking, is recorded on our website promptly following the confirmation of the booking.

11. Service rules

11.1 You must not use our website to advertise, buy, sell or supply physical products, intangible products or downloadable products – other than "add on" products associated with the services that you provide.
11.2 You must not advertise, buy, sell or supply through or in relation to our website any service that: (a) breaches any law, regulations or code, or infringes any person's intellectual property rights or other rights, or gives rise to a cause of action against any person, in each case in any jurisdiction and under any applicable law;
(b) involves the supply, distribution or publication of any material that would, if published on our website by you, contravene the provisions of Section 4 or Section 19; or
(c) relates to drugs, narcotics, steroids or controlled substances; relates to pornography or obscene, indecent or sexually explicit materials; encourages or facilitates criminal acts or civil wrongs; or encourages or facilitates the infringement of any intellectual property right.

12. Marketplace: the buying and selling process

12.1 You agree that a contract for the purchase and supply of a service or services will come into force between you and another registered website user, and accordingly that you commit to purchasing or supplying the relevant service or services, in the following circumstances:
(a) a buyer must add to the buyer's basket the required services and addons and, where relevant, specify the date(s) for the provision of the services and provide other requested information, and then proceed to the checkout;
(b) if the buyer is a new user, a new account will be created automatically; otherwise, the buyer must enter his or her login details;
(c) either:
(i) the designated payments processor will handle payments; or
(ii) payments will be handled by the supplier;
(d) if payments are handled by the designated payments processor, the website will then send to the buyer an automatically generated acknowledgement of payment or authorisation as the case may be; and
(e) if the supplier has specified that orders do not need to be confirmed, then the booking will become a binding contract upon the receipt of the buyer's order; otherwise, then once the supplier has checked whether the supplier is able to meet the buyer's order:
(i) the supplier will confirm the order on the website, which will send to the buyer an order confirmation, at which point the order will become a binding contract between the supplier and the buyer; or
(ii) the supplier will contact the buyer if the supplier is unable to meet the buyer's order to reschedule or cancel.

13. Marketplace: terms and conditions of supply

13.1 Suppliers must use the website interface to create legal notices applying to their relationships with service buyers.
13.2 Suppliers must ensure that:
(a) legal notices are sufficient to meet the supplier's legal disclosure obligations and other legal obligations under all applicable laws;
(b) they comply with all laws applicable to their service listings and supplies, including where applicable the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Electronic Commerce (EC Directive) Regulations 2002.
13.3 Suppliers acknowledge that any VAT, sales taxes and other taxes shall be included in the price specified by the supplier on the website; and the supplier must issue those tax invoices and receipts required by applicable law, and must properly account to the relevant tax authorities in respect of all such taxes. We will not issue tax invoices or receipts on behalf of the supplier.
13.4 Notwithstanding any terms agreed between a buyer and a supplier, the following provisions will be incorporated into the contract of for the supply of services between the buyer and the supplier:
(a) the price for the services will be as stated in the relevant service listing, subject to Section 13.8;
(b) provision of the services must be within the agreed period;
(c) appropriate means of provision of services must be used by the supplier; and
(d) services must be provided with reasonable care and skill and must conform in all material respects to the description of the services in the service listing and any other description of the services supplied or made available by the supplier to the buyer.
13.5 If the supplier is a trader and the buyer is a consumer, the provisions of Section 14 shall be incorporated into the contract for the supply of services between the buyer and the supplier.
13.6 Both buyers and suppliers undertake to comply with the agreed terms and conditions of supply.
13.7 You acknowledge that applicable VAT, sales taxes and other taxes under a contract between a buyer and a supplier will vary depending upon the locations and statuses of the parties.
13.8 It is possible that prices on the website may be incorrectly quoted by the supplier; accordingly, the supplier shall verify prices as part of its sale procedures so that the correct price will be notified to the buyer before the contract comes into force.

14. Marketplace: distance contracts cancellation right

14.1 This Section 14 applies if and only if the supplier is a trader and the buyer enters into a contract with the supplier as a consumer - that is, as an individual acting wholly or mainly outside the buyer's trade, business, craft or profession. However, this Section 14 shall not in any case apply insofar as the contract relates exclusively to the supply of accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities, if the contract provides for a specific date or period of performance. This Section 14 may apply to both:
(a) contracts for services only; and
(b) contracts for services including add-on products.
14.2 Where this Section 14 applies, the buyer may withdraw an offer to enter into a contract with the supplier at any time; and the buyer may cancel a contract entered into with the supplier at any time within the period:
(a) beginning when the contract was entered into; and
(b) ending:
(i) in the case of contracts for services only, at the end of 14 days after the day on which the contract was entered into; and
(ii) in the case of contracts for services including add-on products, at the end of 14 days after the day on which the goods come into the buyer's physical possession or the physical possession of a person identified by the buyer to take possession of them (or, if the contract is for delivery of multiple goods, lots or pieces of something, 14 days after the day on which the last of those goods, lots or pieces comes into the buyer's physical possession or the physical possession of a period identified by the buyer to take possession of them), subject to Section 14.3. The buyer does not have to give any reason for the withdrawal or cancellation.
14.3 The buyer agrees that the supplier may begin the provision of services before the expiry of the period referred to in Section 14.2, and the buyer acknowledges that, if the supplier does begin the provision of services before the end of that period, then:
(a) if the services are fully performed, the buyer will lose the right to cancel referred to in Section 14.2 in respect of those services; and
(b) if the services are partially performed at the time of cancellation, the buyer must pay to the supplier an amount proportional to the services supplied or the supplier may deduct such amount from any refund due to the buyer in accordance with this Section 14.
14.4 In order to withdraw an offer to enter into a contract or cancel a contract on the basis described in this Section 14, the buyer must inform the supplier of the buyer's decision to withdraw or cancel (as the case may be). The buyer may inform the supplier by means of any clear statement setting out the decision. In the case of cancellation, the buyer may inform the supplier using the cancellation form that the supplier will make available to the buyer. To meet the cancellation deadline, it is sufficient for the buyer to send its communication concerning the exercise of the right to cancel before the cancellation period has expired.
14.5 If the buyer withdraws an offer to enter into a contract, or cancels a contract, on the basis described in this Section 14, the buyer will receive a full refund of any amount the buyer paid to the supplier in respect of the contract, except as specified in this Section 14.
14.6 The supplier will refund money using the same method used to make the payment, unless the buyer has expressly agreed otherwise. In any case, the buyer will not incur any fees as a result of the refund.

14.7 If the contract is for services only, or if the supplier has not sent the products at the time of withdrawal or cancellation or has offered to collect the products, the supplier will process the refund due to the buyer as a result of a cancellation on the basis described in this Section 14 without undue delay and, in any case, within the period of 14 days after the day on which the supplier is informed of the cancellation. If the contracts is for services and add-on products, then unless the supplier has offered to collect the products, the supplier will process a refund due to the buyer as a result of a cancellation on the basis described in this Section 15 within the period of 14 days after the day on which the supplier receives the returned products or (if earlier) after the day on which the buyer supplies to the supplier evidence of having sent the products back.
14.8 If the buyer cancels a contract that includes add-on products on the basis described in this Section 14, the buyer must send the products back to the supplier (to the address specified by the supplier on our website) or hand them over to the supplier or a person authorised by the supplier to receive them. The buyer must comply with this obligation without undue delay and in any event not later than 14 days after the day on which the buyer informs the supplier of the decision to cancel the contract. The buyer must pay the direct cost of returning the products.
14.9 If the value of products returned by the buyer is diminished by any amount as a result of the handling of those products by the buyer beyond what is necessary to establish the nature, characteristics and functioning of the products, the supplier may recover that amount from the buyer up to the contract price. The supplier may recover that amount by deducting it from any refund due to the buyer or require the buyer to pay that amount direct to the supplier. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be "beyond what is necessary to establish the nature, characteristics and functioning of the products" for these purposes.
14.10 The buyer will not have any right to cancel a contract as described in this Section 14 in respect of add-on products insofar as the contract relates to:
(a) the supply of any sealed audio recordings, sealed video recordings or sealed computer software which have been unsealed by the buyer;
(b) the supply of products the price of which is dependent upon fluctuations in financial markets which the supplier cannot control and which may occur during the cancellation period;
(c) the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications;
(d) the supply of goods which are liable to deteriorate or expire rapidly;
(e) the supply of non-prefabricated goods that are made on the basis of an individual choice of or decision by the buyer, or goods that are clearly personalised;
(f) the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, where such goods have been unsealed by the buyer; and
(g) the supply of goods which are, according to their nature, inseparably mixed with other items after delivery.

15. Commission and fees

15.1 Suppliers must pay to us the following amounts:
(a) suppliers who have signed up for our marketplace services must pay to us commission in respect of each contract for the supplier's services made through our website (whether or not payment is made through the website);
(b) suppliers who have signed up for our lead generation services must pay to us fees in respect of each supply of lead information by us to the supplier (whether or not the supply results in a booking); and
(c) suppliers who have signed up for our CPC advertising services must pay to us fees in respect of user clicks on the supplier's CPC advertisements on our website (whether or not the click results in a booking).
15.2 In respect of commission payable to us by suppliers:
(a) commission shall be payable at the rate or rates specified on our website from time to time or agreed with the supplier on an individual basis, with the relevant rate being applied to the entire amount due under the contract (including taxes), irrespective of the time of payment;
(b) we shall deduct commission due from amounts processed by the designated payment processor; and we shall invoice the supplier for the commission due in respect of any other amounts paid by buyers at or following the end of each month; and
(c) commission payments shall be refunded if the underlying booking is cancelled and the buyer receives a full refund of amounts paid to the supplier; in the case of refunds where the payment was made direct to the supplier, the refund will take the form of a credit in the supplier's account on our website; except as specified in this Section 15.2(c), commission payments are non-refundable, irrespective of whether a buyer subsequently cancels the underlying order and irrespective of whether a buyer is entitled to, or receives, a refund in respect of such an order.
15.3 In respect of fees payable to us by suppliers:
(a) the fees will be as specified on our website from time to time or agreed with the supplier on an individual basis;
(b) the scope of the services in respect of which the fees are payable will be as specified on our website at the time those fees are paid; and
(c) we shall invoice for the fees due at or following the end of each month.
15.4 All commission and fee amounts stated in these terms and conditions or on our website are stated inclusive of UK VAT, unless indicated otherwise. In some cases the amount of VAT that we charge will vary depending upon your location and status.
15.5 Commission rates may depend upon the country of the supplier.
15.6 We may vary commission rates from time to time by posting new rates on our website, but this will not affect any liability to pay commission that accrues before the new rates are posted. We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid or for services that have been previously performed.

16. Payments

16.1 Commission due on amounts processed by the designated payment processor shall be deducted from the amounts paid to the supplier. In all other cases, we will deduct payments from your pre-registered credit card. If we do not take payment by either of these methods, you must pay our fees by bank transfer and within 14 days following receipt of a written demand for payment from us.
16.2 If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
16.3 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c) an administration fee of GBP 25.00 including VAT; and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 16.3 (including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 16.3.
16.4 If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.
16.5 We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.
16.6 If we determine (acting reasonably) that fraudulent use of the CPC advertising system has caused you loss, we will refund to you any amounts you have paid to us in respect of such fraudulent use.

17. Our role

17.1 You acknowledge that:
(a) we do not confirm the identity of suppliers or other website users, check their credit worthiness or bona fides, or otherwise vet them;
(b) we do not check, audit or monitor the information contained in listings;
(c) we are not party to any contract for the sale or supply of services advertised on the website (except the marketplace services, advertising services and payment processing integrations made available to buyers and suppliers under these terms and conditions);
(d) we are not involved in any transaction between a buyer and a supplier in any way (save that we facilitate a marketplace for buyers and suppliers and enable the processing of payments on behalf of suppliers);
(e) we are not the agents for any buyer or supplier, and accordingly, we will not be liable to any person in relation to the offer for sale or supply of any services advertised on our website; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or supply of any services and we will have no obligation to mediate between the parties to any such contract.
17.2 You acknowledge that we cannot be held responsible for the behaviour of our users, either on or off the website, and we cannot guarantee that any information provided by a user is true, accurate, complete, current and not misleading; and you will not hold us liable in respect of any loss or damage arising out of any user behaviour or user information.
17.3 If a supplier accepts payments directly via our website, then the designated payment processor will arrange for payments to be made directly by the buyer to the supplier. The payment processor will deduct both its own processing fee and commission due to us.
17.4 We shall have no obligation under these terms and conditions or otherwise to provide support services in relation to our website; but if we do provide any such support services, they will be provided subject to any limitations specified on our website from time to time, and also the limitations and exclusions of liability set out in these terms and conditions.
17.5 All of the provisions of this Section 17 are subject to Section 23.1.

18. Your content: licence

18.1 In these terms and conditions, "your content" means your listings, profile information and all other works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
18.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to reproduce, store and publish your content on and in relation to this website and any other website or software-based service that we own or operate.
18.3 You grant to us the right to sub-license the rights licensed under Section 18.2.
18.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 18.2.
18.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
18.6 You may edit your content to the extent permitted using the editing functionality made available on our website.
18.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

19. Your content: rules

19.1 You warrant and represent that your content will comply with these terms and conditions.
19.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
19.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
19.4 Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.
19.5 You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.
19.6 You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

20. Personal data

20.1 You warrant to the us that you have the legal right to disclose to us all that personal data that you do in fact disclose to us under or in connection with these terms and conditions; and that the use of that personal data by us in accordance with these terms and conditions will not breach any applicable data protection or data privacy laws.
20.2 If you are a supplier, we will act as a data processor in respect of any personal information of your customers that you supply to us; however, when a customer authorises us to create an account based on that personal information, we will from that point act as a data controller in respect of that personal information.
20.3 To the extent that the we act as a data processor in respect of personal data that you supply to us:
(a) we will act only on your instructions in relation to the processing of that personal data; and
(b) we warrant that we have in place appropriate security measures (both technical and organisational) against unlawful or unauthorised processing of that personal data and against loss or corruption of that personal data.
20.4 Subject to Section 20.1, we will act as a data controller in respect of all personal information that you provide to us; and we will process all such personal information only in accordance with our privacy policy.

21. Report abuse

21.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
21.2 You can let us know about any such material or activity by email.

22. Limited warranties

22.1 You acknowledge that participation in sports, racing events and other physical activities booked via our website may involve a risk of personal injury, including a small risk of serious injury or death. You agree that you are responsible for your health and well-being in relation to any such participation and that, subject to Section 23.1, we will not be liable to you in respect of any injury or death arising out of such participation.
22.2 You acknowledge that much of the information on our website is provided by other users. We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the information on the website is up to date; or
(c) that the website or any service on the website will remain available.
22.3 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
22.4 You acknowledge that from time to time our website and/or booking system may be unavailable; and if you are a supplier you should ensure that you have alternative systems available for use in these circumstances.
22.5 To the maximum extent permitted by applicable law and subject to Section 23.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

23. Limitations and exclusions of liability

23.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
23.2 The limitations and exclusions of liability set out in this Section 23 and elsewhere in these terms and conditions:
(a) are subject to Section 23.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
23.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
23.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
23.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
23.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
23.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
23.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
23.9 If our website or booking system is unavailable on a temporary basis, we will not be liable to you in respect of any loss or damage (including lost bookings) arising out of such unavailability.
23.10 Providing that we comply with our obligations under Section 16.6, we will not be liable to you in respect of any misuse of our CPC advertising system by any other website user.
23.11 Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the greater of:
(a) GBP 1000; and
(b) the total amount paid and payable to us under the contract.

24. Indemnity

24.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.

25. Breaches of these terms and conditions

25.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
25.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

26. Third party websites

26.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
26.2 We have no control over third party websites and their contents, and subject to Section 23.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

27. CPC advertisement links

27.1 You acknowledge that our website includes links to third party websites supplying goods and/or services, and that we may earn fees from those third parties in respect of clicks on those links.

28. Trade marks

28.1 KARTPIT, KARTPIT.COM, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
28.2 The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

29. Variation

29.1 We may revise these terms and conditions from time to time.
29.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
29.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

30. Assignment

30.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
30.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

31. Severability

31.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
31.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

32. Third party rights

32.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
32.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

33. Entire agreement

33.1 Subject to Section 23.1, these terms and conditions shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

34. Law and jurisdiction

34.1 These terms and conditions shall be governed by and construed in accordance with English law.
34.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

35. Statutory and regulatory disclosures

35.1 We will specify on the website or elsewhere in these terms and conditions the different technical steps you must follow to conclude a contract under these terms and conditions, and also the technical means for identifying and correcting input errors prior to the placing of your order.
35.2 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
35.3 These terms and conditions are available in the English language only.
35.4 Our VAT number is GB 2667 893 42.
35.5 The website of the European Union's online dispute resolution platform is available at http://ec.europa.eu/odr.

36. Our details

36.1 This website is owned and operated by Kartpit Ltd.
36.2 We are registered in England and Wales under registration number 10284263, and our registered office is at Kartpit Ltd, 47 St Josephs Green, St Josephs Green, Welwyn Garden City, Hertfordshire, United Kingdom, AL7 4TT.
36.3 You can contact us:
(a) by post, using the postal address given above;
(b) using our website contact form;
(c) by telephone, on the contact number published on our website from time to time; or
(d) by email, using the email address published on our website from time to time.