kNnect

Introduction

These terms of use apply to all who use the kNnect website and describe how you can use the kNnect website. The kNnect privacy policy sets out how we use data relating to you and it forms a part of these terms of use. Our privacy policy can be found here.

Summary

This constitutes a legal agreement between us and you, please read it carefully.
These terms of use describe the process by which offers for scaffold designs are made and accepted on our website
You must act appropriately when using our website.
These terms of use may change from time to time.

About the website and these kNnect Terms of Use
1. kNnect.co.uk (the “Website”) is an online service owned and operated by kNnect Ltd (“kNnect”, “we”, “us” or “our"), which enables scaffold contractors/construction contractors to easily compare offers from scaffold design engineers.
2. These terms of use apply to all who use the Website and form a legal agreement between you and kNnect.
3. By using the Website you are confirming that you understand and accept (and are able to understand and accept) these terms of use and that you agree to be bound by them.
4. You must not use the Website if:
  1. You don’t agree to these terms of use
  2. You are under the age of 18
  3. kNnect may make alterations to these terms of use from time to time. If you are not happy with any alteration, you must stop using the Website. If you keep using the Website, this will indicate your acceptance of these terms of use as altered. We may notify key changes to you but you should review these terms of use from time to time to ensure you are aware of any changes. Where appropriate we may notify you of changes by email or by putting a notice on the Website.
How offers are received and accepted on the website
1. We do not provide scaffold designs. We enable engineers to provide contractors with quotations for the chance to provide scaffold designs through the Website (“Bidding”). If you (contractor) decide to buy a design solution from an engineer, you will be entering an agreement with that engineer. We are not a party to that agreement.
2. By accepting a quotation made by an engineer through the website, you are committing to buy the designs for that project.
3. By showing a quotation on behalf of a designer, that designer is not committing to completing design work for that price, or to complete design work at all.
4. Offers are received and accepted by the following process:
  1. You post on the Website a completed design brief, given to you by us.
  2. Designers issue a quotation, or a quotation is issued on their behalf, which matches your requirements and preferences.
  3. Designers will include a price, lead time, and possibly other costs as part of the quotation.
  4. You consider the quotations and if you are interested in accepting a quotation, you accept the quotation on our website.
  5. You and the designer may then agree a contract for the purchase of the design along the lines set out in the quotation. This may involve the payment of a deposit to the designer, finance agreements or other contractual terms.
  6. We cannot guarantee that you will receive any quotations, or when any quotations will be issued.
  7. We may moderate quotations but we are not obligated to do so.
  8. We or the designer may choose to edit or remove their quotation at anytime.
  9. If you choose to proceed with a design, you will do so by entering an agreement which does not involve the Website in any way.
  10. You must ensure that all information about each design brief, which is held by us is true, complete, not misleading and up to date.
Rights of use and intellectual property rights
1. The Website is made available for your commercial use only. This does not give you any rights of ownership in the Website.
2. Unless otherwise specified, all copyright, design rights, database rights, trade mark and trade dress rights and other intellectual property rights in the Website belong to and vest in kNnect, or are licensed to kNnect.
3. All third party trade names and trade marks are the property of their respective owners and kNnect makes no warranty or representation in relation to them. Unless stated otherwise, 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.
4. kNnect and our logo 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.
Restrictions and obligations
You agree to comply with these terms of use and all rules applicable to the use of the Website.

You will not:
1. Hack, modify, reverse engineer or create derivative works of the Website or any part of it
2. Gain unauthorised access to any restricted part of the Website
3. Remove, modify or obscure any copyright, trade mark or other proprietary notices on the Website
4. Create software which replicates or mimics the data or functionality in the Website
5. Collect data from the Website by systematic or automated means
6. Use your access to the Website for the sending of marketing communications
7. Use any computer virus or malicious code of any nature in connection with the Website
8. Make any part of the Website available to a third party who does not agree to these terms of use
9. Copy or exploit any part of the Website or the content it contains
10. Use the Website or any part of it unfairly or for any illegal or immoral purpose; or ttempt to do any of the acts listed above. Without prejudice to any of our other rights or remedies, if we reasonably suspect that you have breached any of these terms of use we can suspend or terminate your access to the Website or take any other action we consider necessary to defend or promote any of our rights or interests.
Accounts
1. You may need to submit personal information and choose an account name (“Username”), a password (“Password”) and a valid email address in order to create an account on the Website ("Account") or otherwise use the Website.
2. If you successfully apply for registration as a member, only we can decide whether applications will be successful. Your Username and Password are personal to you.
3. We are entitled to assume that any use of your Account is made by you. You are solely responsible and liable for any use of the Website under your Account or any other use of your Username and Password.
4. Do not share your password with any other person or allow any other person to use your account. We are not liable for any improper use of your password or account or any use of your password or account by any other person. If you think any other person knows your password, or that your account has been used by any other person, you must inform us immediately.
Communications
1. The Website enables the display of third party content (“User Content”) without review or moderation. The Website is therefore merely a conduit of User Content.
2. The views expressed in any User Content are the views of the individual authors and not those of kNnect unless we specify otherwise.
3. We disclaim all liability in respect of any comments, views or remarks expressed in any User Content.
4. By using the Website you acknowledge that we have no responsibility to review any User Content and that all User Content is made available on the basis that we are not required to exercise any control or judgement over it. However we may remove any User Content for any reason.
5. If you post any User Content to the Website, or otherwise publish or distribute User Content using the Website, you grant us a non-exclusive, transferrable, sub-licensable, royalty-free, irrevocable, perpetual worldwide licence to use that User Content for any purpose.
6. Any User Content you post or otherwise publish or distribute using the Website must:
7. Not be libellous or maliciously false
8. Not be deceptive, offensive, harassing, inappropriate, obscene, indecent, violent, racist or bigoted
9. Infringe any rights of another person, including any intellectual property right, right of confidence or privacy, or any rights under data protection legislation
10. Be in compliance with applicable law, regulations or court orders; or
11. Not be untrue, false, inaccurate or misleading.
12. It is a known risk of internet usage that people are not necessarily who they say they are. People may provide information or behave in a way that is unreliable, misleading, unlawful or illegal. We have no way of telling if statements made by other users are true. You should therefore exercise some degree of caution when reading user content on any website. By using the website you accept that you use the website at your own risk.
Liability
1. kNnect provides and maintains the Website on an “as is” basis and is liable only to provide its services with reasonable skill and care.
2. External Sites have not been verified or reviewed by kNnect and all use and access of External Sites is made at your own risk. “External Sites” means third party websites and online services to which the Website links.
3. kNnect gives no warranty in respect of any offers or other information contained on the website and excludes all liability for any incorrect or inaccurate information or material the website contains.
4. kNnect gives no other warranty in connection with the Website and to the maximum extent permitted by law, kNnect excludes liability for:
5. the acts or omissions of any designer or the designs of any drawings;
6. any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not that loss arises out of something of which kNnect has been made aware
7. any interruptions to or delays in updating the Website
8. the infringement by any other person of any copyright or other intellectual property rights of any third party through any use of the Website
9. the availability, quality, content or nature of External Sites
10. any transaction taking place on External Sites
11. any transaction with a third party taking place on the Website
12. any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by any other person accessing, using or downloading the Website; and
13. all representations, warranties, conditions and other terms and conditions which but for this notice would have effect.
14. kNnect does not warrant that the operation of the Website will be uninterrupted or error free.
15. kNnect will not be liable in any amount for failure to perform any obligation under these terms of use if that failure is caused by the occurrence of an event beyond its reasonable control.
16. Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all of those terms and conditions are hereby excluded to the maximum extent permitted by law.
17. You agree not to use the Website in any way which is:
  1. unlawful; may give rise to civil or criminal liability for kNnect; or
  2. which might call kNnect into disrepute.
18. These terms of use are subject to your statutory and common law consumer rights and will not limit any rights you might have that cannot be excluded under applicable law. These terms of use will not exclude or limit kNnect’s liability for death or personal injury resulting from its negligence nor any fraudulent acts, representations or misstatements.
Indemnity
1. You hereby indemnify us and undertake to keep us indemnified against any 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 on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.
General
1. These terms of use, together with our privacy policy, constitute the entire agreement between you and kNnect relating to your use of the Website, to the exclusion of any other terms of use.
2. Failure to enforce any term does not constitute a waiver of that term.
3. If any part of these terms of use is found to be unenforceable, it will be amended to the minimum extent necessary to make it enforceable and the remainder of the provisions will remain in full force and effect.
4. No representation or warranty is made as to whether the Website complies with the laws of any other country other than the United Kingdom.
5. These terms of use are subject to the laws of England and the parties submit to the exclusive jurisdiction of the English courts.
6. kNnect will be entitled to assign and otherwise transfer the agreement covered by these terms of use by giving you reasonable notice, which may include notice given via the Website.
7. All questions, comments or enquiries should be directed to kNnect. kNnect will try to respond to you within 48 hours of receipt.
Payment
1. Contract Price Between Design Engineers & Scaffold Contractors
  1. The payment contract between Design Engineers & Scaffold Contractors is not the responsibility or liability of kNnect.
  2. kNnect is not liable or responsible for any unpaid or disputed payments between Design Engineers & Scaffold Contractors
2. Contract Price Between Design Engineers & kNnect
  1. When a Design Engineer has submitted & successfully won a contract, & has received the Scaffold Contractors details, this is classed as a completed sale. Therefore the payment made to kNnect prior to this stage can no longer be refunded.
  2. All payments to kNnect include VAT
3. Recovery of Sums Due Between Design Engineers & kNnect
  1. Wherever a contract is not classed as a completed sale, and does not complete, any prior payment made, will be refunded within 7 working days.
  2. Any overpayment by Design Engineers, whether of the Contract Price or of VAT or otherwise, shall be a sum of money recoverable by the Design Engineers who made the overpayment.

kNnect Ltd

Company Number: 9990023

Terms of Use

Introduction

Summary