Terms and Privacy

These terms and conditions of use ("Terms of Use") (together with the documents referred to in them) regulate your use of our website www.kal.com ("our Site"), whether as a guest or a registered user. Please read these Terms of Use carefully before you start to use the Site. By using our Site, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using our Site.

INFORMATION ABOUT US

www.kal.comis a website operated by Korala Associates Limited. We are a limited company registered in Scotland under company number SC119617 and have our registered office at John Cotton Building, 10/14 Sunnyside, Edinburgh EH7 5RA ("we" or "us"). Our VAT number is GB 553 3528 44.

ACCESSING OUR SITE

Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.

You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms, and that they comply with them.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it including, but not limited to, designs, data, text, images, trade marks or trade names, graphics, site layout and 'look and feel', and any underlying databases. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Site for your personal reference only. Where you are accessing material through the 'Partner Area' of the Site you may only print off and download such material as you necessarily require in order to fulfil your obligations as a partner of Korala Associates Limited.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.

If you print off, copy or download any part of our Site in breach of these Terms of Use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

"KALIGNITE" and "KWCC" are registered Community Trade Marks of Korala Associates Limited and you should not use these trademarks without our express written consent.

RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.

OUR SITE CHANGES REGULARLY

We aim to update our Site regularly, and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.

OUR LIABILITY

The material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute or common law.

  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

  • loss of income or revenue.

  • loss of business.

  • loss of profits or contracts.

  • loss of anticipated savings.

  • loss of data.

  • loss of goodwill.

  • wasted management or office time. and

  • for any other loss or damage of any kind, however arising and whether caused by delict (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.

Where you are a consumer, nothing in these Terms of Use affects your rights under law which cannot be excluded.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

For information about how we use your personal information please refer to our Privacy Policy

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.

LINKING TO OUR SITE

Linking to any page of our Site is not permitted without authorisation by us. If you wish to link to our site please address your request to info@kal.com

Where linking is authorised by us, you may link to our home page in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice.

LINKS FROM OUR SITE

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

GENERAL

The Scottish courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our Site although we retain the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country.

These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Scotland.

If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Use and that provision shall not affect the validity and enforceability of any remaining provisions.

We may revise these Terms of Use at any time. You are expected to check these Terms of Use from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our Site.

Please direct any queries about the Site or these Terms of Use to info@kal.com

PRIVACY POLICY

Korala Associates Limited are committed to protecting and respecting your privacy. This policy (together with our Terms of Use sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.

By using www.kal.com (the "Site") and submitting any personal information to us via the Site, you agree to be bound by this privacy policy. If you do not accept this privacy policy then you must not use the Site. You should check the policy regularly to make sure that you are abiding by the most current version.

For the purpose of the Data Protection Act 1998 ("the Act"), the data controller is Korala Associated Limited of John Cotton Building, 10/14 Sunnyside, Edinburgh EH7 5RA ("we" or "us").

Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

INFORMATION WE MAY COLLECT FROM YOU

You may view the Site without giving any personal information about yourself. However, if you register for our newsletter, we ask you for certain basic and personal information in order to build up your personal profile.

We may collect information about you:

  • When you provide information directly to us. This includes information provided through web forms, when you register to use the 'Partner Area' of the Site or subscribe to our newsletter.

  • If you contact us. We may keep a record of that correspondence.

  • Details of your visits to our Site, including, but not limited to, traffic data, location data, weblogs and other communication data and the resources that you access. We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration. This is statistical data about our users' browsing actions and patterns, and does not identify any individual. For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our Site and to deliver a better and more personalised service. You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. For more information on how to delete or control cookies visit www.aboutcookies.org

WHERE WE STORE YOUR PERSONAL DATA

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our partners. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

HOW WE USE YOUR INFORMATION

We use information held about you in the following ways:

  • To ensure that content from our Site is presented in the most effective manner for you and for your computer.

  • To provide you with information about our products and services that you request from us or which we feel may interest you, where you have signed up to our newsletter.

  • To notify you about changes to our service or the website.

We do not disclose your personal information to third party marketers without your permission.

DISCLOSURE OF YOUR INFORMATION

We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the Companies Act 2006.

We may disclose your personal information to third parties:

  • In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.

  • If Korala Associates Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.

  • If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms of Use and other agreements; or to protect the rights, property, or safety of Korala Associates Limited, our customers, or others. This may include exchanging information with other companies and organisations for the purposes of fraud protection.

YOUR RIGHTS

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at info@kal.com

Our Site may, from time to time, contain links to and from the websites of our partner networks, and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

ACCESS TO INFORMATION

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

CHANGES TO OUR PRIVACY POLICY

We may from time to time make changes to this privacy policy. We therefore recommend that you review this privacy policy regularly. Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. This privacy policy was last updated in October 2009.

CONTACT

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to info@kal.com