Available Policies
last updated: 09 April 2024
Hello, and welcome to the TeamKinetic’s Terms and Conditions of Use (“Terms”). The Terms you see below are important because they:
Please read these Terms, our Privacy Policy and any other documents referenced in these Terms carefully. We hope you’re sitting comfortably
Thanks for choosing TeamKinetic (“TeamKinetic,” “we,” “us,” “our”). TeamKinetic provides personalised services with social and interactive features for brokering and managing your volunteer workforce and other content as well as other products and services that may be developed from time to time.
By signing up or otherwise using any of these TeamKinetic services, including all associated features and functionalities, websites and user interfaces, as well as all content and software applications associated with our services (collectively, the “TeamKinetic Service” or “Service”), or accessing any other content or material that is made available through the Service (the “Content”) you are entering into a binding contract with TeamKinetic indicated in Section 25 (Contact us).
Your agreement with us includes these Terms and any additional terms that you agree to, as discussed in the Entire Agreement section below, other than terms with any third parties (collectively, the “Agreements”). The Agreements include terms regarding future changes to the Agreements, export controls, automatic renewals, limitations of liability, privacy and waiver of class actions. If you wish to review the terms of the Agreements, the current effective version of the Agreements can be found on TeamKinetics website. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the TeamKinetic Service or access any Content.
In order to use the TeamKinetic Service and access any Content, you need to have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and reside in a country where Service is available. You also promise that any registration information that you submit to TeamKinetic is true, accurate, and complete, and you agree to keep it that way at all times.
Occasionally we may make changes to the Agreements for valid reasons, such as improving the existing functions or features or adding new functions or features to the Service, implementing advancements in science and technology, and reasonable technical adjustments to the Service, ensuring the operability or the security of the Service, and for legal or regulatory reasons. When we make material changes to the Agreements, we’ll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice or seeking your agreement within the Service or by sending you an email.
In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate your account by contacting us. If you received a Trial or a Paid Subscription through a third party, you must cancel the applicable Paid Subscription through such third party.
Here’s some information about all the ways you can enjoy TeamKinetic.
You can find a description of our Service options on our website, and we will explain which Service options are available to you when you create a TeamKinetic account. Certain options are provided to you free-of-charge. The Service that does not require payment is currently referred to as the “Free Service.” Other options require payment before you can access them (the “Paid Subscriptions”). We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services in conjunction with or through the Service. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered subscription plans and promotional offerings at any time in accordance with these Terms.
From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). TeamKinetic may determine your eligibility for a Trial, and withdraw or modify a Trial at any time without prior notice and with no liability, to the extent permitted under applicable law.
You may purchase a Paid Subscription directly from TeamKinetic or through a third party either by (1) paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or (2) prepayment giving you access to the Service for a specific time period (“Pre-Paid Period”).
TeamKinetic may change the price for the Paid Subscriptions, including recurring subscription fees, the Pre-Paid Period (for periods not yet paid), from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect.
If you register for a Paid Subscription, you may change your mind for any or no reason and receive a full refund of all monies paid within fourteen (14) days starting from the day you sign-up for the relevant service (the “Cooling-off Period”) in accordance with the following:
Unless your Paid Subscription has been purchased for a Pre-Paid Period, your payment to TeamKinetic through which you purchased the Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period by clicking here.
The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service.
If you purchased your Paid Subscription and you cancel your payment or Paid Subscription and/or terminate any of the Agreements (1) after the Cooling-off Period is over (where applicable), or (2) before the end of the current subscription period, we will not refund any subscription fees already paid to us. If you wish to receive a full refund of all monies paid to TeamKinetic before the Cooling-off Period is over, you must contact Customer Support.
When we process any refund, we will refund amounts using the method you used for payment.
The Service is the property of TeamKinetic Ltd. We grant you limited, non-exclusive, revocable permission to make use of the Service, and limited, non-exclusive, revocable permission to make use of the Content (collectively, “Access”).
This Access shall remain in effect until and unless terminated by you or TeamKinetic. You promise and agree that you are using the Service and Content for your own use and that you will not redistribute or transfer the Service or the Content without TeamKinetic permission.
The software applications and the Content are not sold or transferred to you, and TeamKinetic retains ownership of all copies of the software applications and Content even after installation on your personal computers, mobile handsets, tablets, wearable devices, speakers, and/or other devices (“Devices”).
You agree to abide by our User guidelines and not to use the Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in the Agreements, TeamKinetic grants no right, title, or interest to you in the Service or Content.
Third party software (for example, open source software libraries) included in the Service are made available to you under the relevant third party software library’s license terms as published in the help or settings section of our desktop and mobile client and/or on our website.
Access can be revoked and any credit refunded where there are serious grounds for cancellation that include but are not limited to;
Please read this section carefully before uploading any content to the Site. It gives us, our Successors (as defined below) and Users of the Site permission to use such content. Subject to such permission, you retain ownership of such content.
a. We may now or in the future permit users of the Site to upload, post, submit, email, distribute, publish, transmit and/or otherwise communicate to or via the Site ("upload", related words to be construed accordingly) Materials provided by such Users ("User-generated Content" or "UGC" for short). For example, such UGC may take the form of:
You acknowledge that, whether or not such UGC is uploaded to any facility on the Site, we cannot guarantee its confidentiality. We shall not be liable for any lost data resulting from your use of the Site. We urge you to retain your own back-up versions of any UGC that you upload.
b. By uploading any UGC, and in consideration of our making available to you the opportunity to upload UGC (which you acknowledge as a sufficient benefit to you), you irrevocably and unconditionally grant the following rights:
c. For the avoidance of doubt, you shall continue to retain the entire legal ownership of all such proprietary rights in your UGC (and in any reproductions of the same) as vest in you. If you do not want to grant the rights set out above, do not upload your UGC to the Site.
d. You shall be solely responsible for your own UGC and the consequences of uploading it. By uploading any UGC, you warrant and represent for the benefit of us and our Successors that you own the entire right, title and interest in and to such UGC or have all necessary licences, rights, consents and permissions to use, and to authorise us and each Successor to use, any and all intellectual property rights or other third-party rights in and to such UGC to enable utilisation of such UGC in the manner contemplated by these Terms and Conditions.
e. In connection with UGC, you shall not impersonate another person and shall not upload any UGC that:
f. You shall, and shall procure that any necessary third party shall, do all such further acts and execute and deliver all such other documents as may be reasonably requested by us to confirm the grants of licences and rights under these Terms and Conditions.
g. You acknowledge that, when using the Site, you may be exposed to UGC from a variety of sources, and that we are not responsible for the truth, accuracy, usefulness or safety of such UGC. We do not endorse any UGC or any opinion, recommendation or advice expressed in such UGC, and we disclaim any and all liability in connection with UGC.
h. While we look forward to receiving UGC when we specifically ask for it, it is our policy not to accept or consider ideas, concepts, suggestions or other communications or materials other than those that we have specifically requested and then subject to any specific terms, conditions and requirements that may apply to them. This is to avoid any misunderstandings if your ideas etc. are similar to those that we have developed or are developing independently. Accordingly, you agree that unsolicited UGC will be treated as non-confidential and non-proprietary.
You are solely responsible for all User Content that you post. TeamKinetic is not responsible for User Content nor does it endorse any opinion contained in any User Content.
YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST TEAMKINETIC RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD TEAMKINETIC HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
a. We are entitled at our discretion, but not obliged, to pre-screen and/or pre-moderate any UGC uploaded by you or other Users, along with any other Materials. We reserve the right in our sole discretion:
In particular, we do not permit infringement of third-party rights on the Site, and we shall remove, suspend or disable access to, any Materials if properly notified that such Materials infringe third-party rights.
b. If you are a rights-owner (or an agent acting for a rights-owner) and believe that any Material infringes your rights and you wish us to remove such Material from the Site or to suspend or disable access to it, please send us a notice by email to info@TeamKinetic.co.uk with the subject line "Removal request" and provide us with the following information:
In consideration for the rights granted to you under the Agreements, you grant us the right to allow the TeamKinetic Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service.
If you provide feedback, ideas, or suggestions to TeamKinetic in connection with the Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize TeamKinetic to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
You grant TeamKinetic a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
TeamKinetic respects the rights of all its users and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure TeamKinetic stays enjoyable for everyone. You must follow these rules and should encourage other users to do the same. The following is not permitted for any reason whatsoever:
You acknowledge and agree that posting any User Content that violates these User guidelines (or that TeamKinetic reasonably believes violates these User guidelines) may result in immediate termination or suspension of your account.
You also agree that TeamKinetic may reclaim your username where it is reasonable for us to do so, including if you have violated the Agreements.
Please be thoughtful about how you use the Service and what you share. The Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on your TeamKinetic site or across the web, so please use carefully and be mindful of your account settings. TeamKinetic has no responsibility for your choices to post material on the Service.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorised use) of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorised access to your account by a third party, you must notify us immediately and change your password as soon as possible.
TeamKinetic will make reasonable efforts to keep the Service operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. TeamKinetic reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Service, with advance notice where possible, all without liability to you, except where prohibited by law, for valid reasons such as in case of genuine interruption, modification, or discontinuation of the Service or any function or feature thereof, or need to repair, maintain or improve the existing functions or features, or to add new functions or features to the Service, or to implement advancements in science and technology or ensure the operability or the security of the Service, legal and regulatory reasons.
Notwithstanding the foregoing, if you have prepaid fees to TeamKinetic for Paid Subscriptions that TeamKinetic permanently discontinues prior to the end of the Pre-Paid Period (defined in the Payments, cancellations, and cooling off section), TeamKinetic will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. You understand, agree, and accept that TeamKinetic will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. TeamKinetic may, from time to time, remove any such Content without notice. This section will be enforced to the extent permissible by applicable law.
For customer support with account-related and payment-related questions (“Customer Support Queries”), please submit a ticket to our Customer Service department using the Customer Service contact form on the About Us section of our website. We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame but we make no promises that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to answer any such queries.
The Agreements will continue to apply to you until terminated by either you or TeamKinetic. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. TeamKinetic may terminate the Agreements or suspend your access to the Service at any time, including in the event of your actual or suspected unauthorised use of the Service and/or Content, non-compliance with the Agreements, or if we withdraw Services and/or Content (in which case we shall provide you reasonable notice in advance of doing so). If you or TeamKinetic terminate the Agreements, or if TeamKinetic suspends your access to the Service, you agree that TeamKinetic shall have no liability or responsibility to you, and TeamKinetic will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You may terminate the Agreements at any time. To learn how to terminate your TeamKinetic account, please contact us through the Customer Service contact form which is available on our About Us page. This section will be enforced to the extent permissible by applicable law.
YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. TEAMKINETIC AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER TEAMKINETIC NOR ANY OWNER OF CONTENT WARRANTS THAT THE SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, TEAMKINETIC MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY OPPORTUNITY ADVERTISED BY A THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE SERVICE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING.
NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM TEAMKINETIC SHALL CREATE ANY WARRANTY ON BEHALF OF TEAMKINETIC..
WITHOUT LIMITING THE FOREGOING, NOTHING IN THIS SECTION SHALL HAVE THE EFFECT OF LIMITING TEAMKINETIC’S LIABILITY IN THE EVENT OF TOTAL OR PARTIAL NON-PERFORMANCE OR INADEQUATE PERFORMANCE OF ITS ESSENTIAL OBLIGATIONS FOR PROVIDING THE SERVICE UNDER THE AGREEMENTS. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE TEAMKINETIC SERVICE IS TO UNINSTALL ANY SOFTWARE AND TO STOP USING THE SERVICE. YOU AGREE THAT TEAMKINETIC HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICE.
IN NO EVENT WILL TEAMKINETIC, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR:
(1) ANY LOSS OR DAMAGE (INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY, DAMAGES) WHICH IS NOT FORESEEABLE. LOSS OR DAMAGE IS FORESEEABLE IF EITHER IT IS OBVIOUS THAT IT WILL HAPPEN OR IF, AT THE TIME THE CONTRACT WAS MADE, BOTH WE AND YOU KNEW IT MIGHT; (2) ANY: (A) LOSS OF USE; (B) LOSS OF DATA; (C) LOSS OF BUSINESS; (D) LOSS OF PROFITS; OR
(E) DAMAGE TO DEVICES, TO THE EXTENT YOU COULD HAVE AVOIDED SUCH DAMAGE BY FOLLOWING OUR ADVICE TO APPLY UPDATES TO THE SERVICES OR CONTENT OR IF SUCH DAMAGE IS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US,
IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, DEVICES, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER TEAMKINETIC HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE;
(3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE TEAMKINETIC SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO TEAMKINETIC DURING THE PRIOR TWELVE MONTHS IN QUESTION; OR
(4) NON-PERFORMANCE OR INADEQUATE PERFORMANCE OR DELAY TO THE OBLIGATIONS DERIVING FROM THE AGREEMENTS CAUSED BY FORCE MAJEURE OR ANY CAUSE WHICH IS NOT REASONABLY FORESEEABLE OR BEYOND TEAMKINETIC’S REASONABLE CONTROL.
Nothing in the Agreements removes or limits TeamKinetic’s liability for fraud, fraudulent misrepresentation, death, or personal injury caused by its negligence, and, if required by applicable law, gross negligence.
THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU MAY HAVE RIGHTS UNDER APPLICABLE LAW IN YOUR JURISDICTION WHICH PROVIDES FOR REMEDIES IN ADDITION TO THOSE SET OUT ABOVE.
Other than as stated in this section or as explicitly agreed upon in writing between you and TeamKinetic, the Agreements constitute all the terms and conditions agreed upon between you and TeamKinetic and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Please note, however, that certain aspects of your use of the TeamKinetic Service may be governed by additional agreements. That could include, for example, access to the Service as a result of a free or discounted Trials. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. Some of those additional terms are listed on TeamKinetic’s website. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by TeamKinetic to enforce the Agreements or any provision thereof shall not waive TeamKinetic’s right to do so.
As used in these Terms, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation.”
TeamKinetic may assign the Agreements, and any of its rights under the Agreements, in whole or in part, and TeamKinetic may delegate any of its obligations under the Agreements. You may not assign the Agreements, in whole or in part, nor transfer or sub-license your rights under the Agreements, to any third party.
You agree to indemnify and hold TeamKinetic harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to:
Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the Agreements (and any non-contractual disputes/claims arising out of or in connection with them)
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND TEAMKINETIC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and TeamKinetic agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
If you have any questions concerning the Service or the Agreements, please contact us via our website.
Thank you for reading our Terms. We hope you enjoy TeamKinetic!
Contracting entity: TeamKinetic Ltd
Office 12, Parkway 2, Parkway Business Park
Manchester
M14 7HR
Suite 5, Parkway Five,
Manchester.
M14 7HR
UK
