Terms & Condition
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Terms & Condition
Kartco International Ltd – Terms & Conditions
Declaration: This document includes legal information, policies and copyright terms and conditions which solely belong to Kartco International Ltd.
No part of this information should be shared with third parties without the written consent from Kartco’s sole owners. Information shared in this document is for the sole purpose of the content created for Kartco and should not be imitated, modified or shared by any third parties.
The following pages are listed in this document:
- Principles
- Policy Outline
- Terms and Conditions of Use
Our principles -
Kartco International Ltd is dedicated to ensure safeguarding intellectual property rights in order to ensure the integrity and safety of our platform, whilst at the same time ensuring we uphold the trust of both our customers and our sellers who use our platform. Our approach involves comprehensive procedures for notification and removal, practice scrutiny and removal of infringing products and any misconduct or inappropriate behaviour displayed by any parties who access our platform. For more information regarding our safety procedures and privacy concerns, please view our Privacy Policy.
At Kartco International Ltd, we are dedicated to establishing ourselves as a global marketplace, we ensure our guidelines meet intellectual property protection. We are fully committed to efficiently assisting legitimate complaints of intellectual property infringement. In order to safeguard rights within our platform, right holders are required to adhere to our platforms relevant submission guidelines for deletion request, which include providing evidence of their intellectual property ownership and sustaining existence of infringement.
At Kartco International Ltd, when required, we will take decisive actions against individuals or entities that violate our platforms policies on intellectual property protection and if and when necessary, we will hold the right to compel them to assume both civil and criminal responsivities. We maintain a strong stance against accepting takedown requests and other complaints with malicious intent, such as those aimed at disrupting a competitor’s operation or tarnishing their reputation on our platform for malicious reasons. In the event that in good faith, we determine that a removal request or complaint was submitted in bad faith, we will impose sanctions on the parties responsible. Kartco International Ltd takes matters like such very seriously and therefore such actions must be taken to safeguard users on ur platform and make it a pleasurable experience for all. Our commitment extends to implementing and enforcing our intellectual property protection policy in strict accordance with the GDPR and other local laws applicable in various jurisdictions.
Policy Outline:
Our policy at Kartco International Ltd outlines how intellectual property right holders which include their authorised representatives, are able to file complaints regarding products and the descriptions or any other concerns in the event that they suspect infringe upon their intellectual property rights by emailing us on: management@kartco.co.uk with a subject of: Intellectual Property Protection Deletion.
The types of complaints we will address encompass the following:
- Trademark violations, such as misuse of identical or confusing similar trademarks and the sale of counterfeit trademarks.
- Copyright infringements, such as the unauthorised use of third-party copyrighted images and the sale of the unauthorised copies, included all products available on our platform.
- Patent infringements, including infringements related to invention and design patents.
- Deliberate circumvention, such as intentionally concealing or blurring product trademarks.
In line with global norms, we generally accept deletion requests based on the territorial scope of intellectual property protection. However, as we follow guidelines from GDPR and local laws of your country of residence being a global company, deletion requests will be handled in relation to where the initial registration of the company was and the property right which are aligned with that.
With this being said, there are specific types of complaints which our platform will not accept:
- Distribution agreements and distribution channel management disputes, which are contractual matters unrelated to intellectual property infringement. Such disputes should be resolved by the parties involved in the agreements.
- Complaints concerning prohibited, restricted, or illegal products, such as weapons and explosives, should be reported using the ‘report’ option on the product details page as this shows the product violates any legal restrictions we have embedded in our policies.
- Complaints about sales price control, such as products being sold below minimum advertised prices (MAP) or manufacturers guided retain prices (MSRP), are not within the scope of out intellectual property protection policy.
Sellers responsibilities include the following:
At Kartco International, we are dedicated to intellectual property protection and providing users with transparent and secure trading environment. All merchants on our platform are required to ensure that the products they offer do not contravene upon the intellectual property rights of others. Activities such as selling counterfeit or pirated goods, as well as any violation of intellectual property rights are strictly prohibited. Merchants must refrain from posting misleading information, this includes intentionally obscured trademarks, misspelt brand names in keywords as well as misleading product descriptions and images. Violation of Kartco International’s Intellectual Property Protection Policy may lead to product removal, store oversight or store closure. Additionally, we reserve the right to hold sellers accountable for civil and criminal liabilities when deemed necessary.
Please ensure you take the responsibility of reading and understanding these terms and conditions carefully.
Updated: October 2023
Welcome to www.kartco.co.uk
These terms of use outline the terms and conditions that govern your access and usage of our websites, mobile sites, mobile applications, and any other platforms provided. Owned or operated by Kartco International Ltd (referred to as ‘Kartco’, ‘Kartco International Ltd’, or ‘We’ hereafter). This includes our e-commerce, marketplace B2C platform, which encompasses web and mobile-optimised versions of websites accessible through the URLs ‘www.kartco.co.uk' and their subdomains (collectively known as the ‘platforms’ or ‘kartco.co.uk' sites or ‘services’). Additionally, it also covers mobile applications associated with Kartco e-commerce, marketplace and B2C platform. This agreement is a legal binding and is between you, the user(s) of our sites and us (Kartco International Ltd).
- Users and Compliance
Accessing and utilising Kartco’s websites or services is contingent upon users’ strict compliance with all relevant laws and regulations applicable in their jurisdiction. Users hereby commit to refraining from any activities that may include, but are not limited to: duplicating, reproducing, downloading, selling, distributing or commercially exploiting Kartco International Ltd’s services or any information and content available on the website and applications or any other platform which belongs to Kartco International Ltd, collectively referred to as ‘Site Content’. Furthermore, users shall not employ any site content for the purpose of establishing a business that directly competes with Kartco or engages in its commercial exploitation. Unauthorised systematic retrieval of site content for purposes such as compilation or distribution, whether done through automated means or manually, without Kartco’s prior written consent is strictly prohibited. Any use of website content that is not expressly permitted in these terms is expressly forbidden. Users must also ensure they thoroughly review and acknowledge the privacy policies which govern the collection, protection and utilisation oof personal information which belongs to Kartco International Ltd’s users. These policies encompass our Privacy Policy for users who access our paltforms.
We may provide users with access to third-party content, products or services through hyperlinks, APIs or other means of marketing. It is the users responsibility to diligently read and comprehend the terms, conditions and privacy policies of these third-party websites prior to using them. Users hereby acknowledge and understand that Kartco International Ltd exercises no control over these third-party websites, does not actively monitor them and assumes no responsibility or liability for their content, products or services. It is strictly forbidden for users to take part in any actions that may compromise the integrity of Kartco International Ltd’s feedback system. This includes but is not limited to: refraining from posting false feedback for their own accounts through the use of secondary member ID’s or any third party intermediaries who generate non-genuine feedbacks. This also applies for posting unsub-stained negative feedback for other sellers and users.
By posting or displaying any content, which includes but is not limited to logos, trademarks, service marks, product descriptions and information within product listings, collectively referred to as ‘User Content’ on our platforms, users hereby grant Kartco International Ltd an irrevocable, perpetual, worldwide, royalty-free and sub licensable permit. This permission enables Kartco International Ltd to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, edit, translate, create derivative works using the user content and remove any part thereof (including, without limitation, any watermarks or marks the user content bears). To the maximum extent permitted by law, users hereby waive their right to enforce their Intellectual Property Rights in the User Content against Kartco International Ltd and/or its future affiliates, assignees or sub-licensees concerning the use of the User Content in connection with the services. It is vital to note that the information protected under data protection laws will only be utilised and stored in compliance with those laws.
- Application and Acceptance of the Terms
Your use of the sites and Kartco International Ltd’s services, software and products offered through the sites (collectively referred to as the ‘services’) is subject to the terms and conditions presented in this document, as well as our Privacy Policy, our Product Listing Policy and any other rules or policies we may periodically publish on our sites. We collectively refer to this document and other site-related rules and policies as the ‘Terms’. By accessing and using the services or the sites, you are indicating your agreement to accept and abide by these Terms set out. If you do not agree with all of the Terms, please refrain from accessing or using the services provided by Kartco International Ltd as well as our platforms.
You may not access or use the services or the sites if you are under the age of 18 years or if you are not legally permitted to receive our services under the applicable laws of your jurisdiction, including your country/region or residence or the place from which you access and use the services and the sites.
Kartco International Ltd reserves the right to amend any of these terms at any time by posting the revised and updated Terms on our sites. By continuing to access or use the services or the sites, you acknowledge that the amended terms will apply to you. We have provided a translation of these Terms in languages other than English as our site is translatable, however it is vital that you agree and understand that these translations are provided for your convenience and the English version of these Terms will prevail in governing your access to and use of the services or the sites. These Terms cannot be modified except in writing by an authorised
representative of Kartco International Ltd, providing they have received written permission to proceed to do so by the owners of Kartco International Ltd.
- Provision of Services
All individuals who are registered as users on our platform, are entering into an agreement with Kartco International Ltd, (www.kartco.co.uk), also referred to as ‘We’ and ‘Our’ in this document and clauses. Company registration number: 15149474
There are some features and services on our platforms which, in order to access, you must register as a member on our platforms. Additionally, Kartco International Ltd reserves the right to limit access to specific services or features or impose conditions, including payment without prior notice. The availability and features of services (or parts thereof) may vary based on regions and countries. We do not guarantee that a particular service, feature or function will be available for all users across the globe. Kartco International Ltd reserves the right to limit, deny or provide different levels of access to services and/or features within the services, at our discretion. We may make changes, upgrades, impose conditions, suspend or terminate any services or features embedded within the services, without prior notice. However, such changes will not substantially adversely affect the ability of paying users to enjoy fee-based services, except as it relates to our relevant Jurisdiction Users.
Kartco International Ltd retain features which offer promotions, these include, but are not limited to: Top Sellers, Sponsored Listings and services that support and promote users’ businesses, brands, products, stores, logos, trademarks, service marks, user content. Kartco International Ltd reserves the right, at its discretion, to determine the availability of Promotion Services to Users.
- Member Accounts
To access certain services on Kartco International Ltd’s website or application platform, users must complete the registration process, becoming a registered user (which is also referred to as a ‘member’ or ‘seller’ herein). We reserve the right to approve or reject a user’s application for registration for any valid reason. Moreover, it is vital to note that each individual user may only reigister one member account on our platforms. In cases where we have a reason to suspect that a user has concurrently registered or is in control of two or more member accounts, Kartco International Ltd retains the right to cancel or terminate those accounts without notice.
Once successfully registered on Kartco International Ltd’s platforms, each registered user will be assigned an account. Additionally, a unique member ID and password will be issued for sellers, with the password chosen by the registered user during the registration process. Members may also be provided with a web-based email account, albeit with limited storage space, for sending and receiving emails. Registering as a seller will require further detail to be completed in the registration process.
It is of paramount importance for each member to acknowledge their assigned set of Member ID and password is unique and specific to their individual account. Consequently, each member bears sole responsibility for maintaining the confidentiality and security of their Member ID and password. Under no circumstances should members, share, assign or permit the use of their member account, email or password with any other individual including those within their own business entity, where applicable. In the event a member becomes aware of any unauthorised use of their password or account, or if they are under any suspicion of any other breach of their account security, it is incumbent upon them to promptly notify Kartco International Ltd.
Members hereby acknowledge and agree that all use of Kartco Interntional Ltd’s website, application platform and services, as well as activities conducted under their account, including but not limited to posting any company or product information, clicking to accept any additional agreements or rules, subscribing to or making any payment for any services and sending emails using the email account or sending SMS, will be deemed as having been authorised by the member.
It is imperative for members to acknowledge that sharing their account with other individuals or permitted multiple users outside of their business entity to access their account, collectively referred to as ‘multiple use’ or third-party access, may result in irreparable issues to Kartco International Ltd’s or other users of the platform. In the event of multiple use of a members account or a member’s failure to maintain the security of their account, members agree to indemnify Kartco International Ltd against any loss or damages, including but not limited to loss of profits which are suffered as a result of the multiple use of their account. Furthermore, members expressly agree that in the case of their account or the failure to maintain its security, Kartco Internationa Ltd shall not be deemed as liable for any losses or damages arising from such breaches. We also retains the right to suspend or terminate a members account in such instances without incurring liability to the member.
- Members Responsibilities
Each Kartco member hereby represents, warrants, and agrees to the following:
- You possess full power and authority to accept these Terms and Conditions, grant the license and authorise and fulfil the obligations outlined herein.
- Your access to and use of Kartco’s platforms and services are strictly for business purposes only and have no malicious intent whatsoever.
- For members operating as business entities, the address provided during registration represents the principal place of business for your entity.
Members who are registering as sellers will be required to provide comprehensive information or materials about their entity, business, or products/services they offer during the registration process on Kartco’s platforms. Each member hereby represents, warrants, and agrees that:
- All information and materials provided during registration or subsequently throughout the usage of Kartco’s platforms and services are true, accurate, current, and complete.
- You commit to maintaining and promptly updating all information and materials to ensure their continued accuracy, currency and completeness.
- You agree and follow the terms and conditions applied for sellers which can be found in our ‘seller guide’ and ‘seller contract’
- You must sign and agree to the ‘seller contract’ produced by Kartco International Ltd prior to trading your services and products on our platform.
- You are solely responsible for obtaining any necessary third-party licenses and permissions related to any user content you submit, post or display.
- Any user content you submit, post or display does not infringe upon or violate any copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (Third Party Rights).
- You possess the right and authority to sell, trade, distribute, export, or offer to sell, trade, distribute or export the products or services described in the user content. Such activities do not violate any Third-Party Rights.
- Neither you nor any related individuals have been banned or removed from major e-commerce platforms or otherwise implicated in selling counterfeit or pirated products online.
Each member further represents, warrants and agrees that the user content you submit, post or display, shall:
- Be true, accurate, complete and lawful.
- Not be false, misleading or deceptive.
- Not contain defamatory, libellous, threatening, harassing, obscene, objectionable, offensive, sexually explicit or any other harmful content, especially to minors.
- Not contain discriminatory information or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Not violate Kartco’s Terms and Conditions outlined in this document as well as our Seller Contract.
- Not breach any applicable laws and regulations, including export control, consumer protection, unfair competition, price gouging, false advertising, labour, environment, health and safety, anti-bribery and anti-money laundering laws.
- Not include any direct or indirect links to other websites that contain content violating any of Kartco International Ltd’s terms and conditions.
Each seller and member further represents, warrants and agrees that you shall abide by the following:
- Conduct your activities on Kartco International Ltd’s platforms in strict compliance with applicable laws and regulations.
- Refrain from using the services or sites for fraudulent purposes, including the sale of stolen items or the use of stolen credit/debit cards.
- Not impersonate any individual or entity, misrepresent yourself or your affiliations and refrain from engaging in spamming or phishing activities.
- Avoid participating in any unlawful activities, including those that would constitute a criminal offence or result in civil liability.
- Abstain from attempting to copy, reproduce, exploit or expropriate Kartco International Ltd’s proprietary directories, databases and listings.
- Refrain from introducing computer viruses or other destructive devices and codes that may damage, interfere with, intercept, or expropriate software or hardware systems, data or personal information.
- Avoid any activities aimed at undermining the integrity of the data, systems or networks used by us or any other site user and desist from gaining unauthorised access to such data, systems or networks.
- Ensure compliance with all economic or fraud sanctions imposed by any governmental international or regulatory entities.
- Refrain from engaging in any activities that may create liability for Kartco International Ltd.
Members agree to provide all necessary information, materials and approvals and to render all reasonable assistance and cooperation required for Kartco International Ltd’s provision of services, evaluation of any breaches of these Terms and any other additional agreements or handling of complaints against the member. Failure to do so, resulting in delays, suspensions, or terminations, will not obligate Kartco International Ltd to extend service periods or assume liability for any related losses or damages. Members must also acknowledge and agree that Kartco International Ltd eserves the right to monitor or exercise editorial control over the content of any message, material or information, including user content. We do not endorse, verify or certify the contents of comments or other material or information created, submitted, posted, displayed or otherwise made by any member. Each member is solely responsible for their communications and may be held legally liable for their content. Members acknowledge and agree that they are solely responsible for adhering to applicable laws and regulations within their respective jurisdictions to ensure that all access and sue of the platform and services are in compliance with one another.
Each member further represents, warrants and agrees to the following:
- You are your affiliates will comply with all applicable laws and regulations relevant to your respective businesses, including but not limited to; product safety, intellectual property rights, data privacy, consumer protection, product or regulatory certification, import and export control, unfair competition, price gouging, false advertising, labour, environment, health and safety, anti-bribery and anti-money laundering laws.
- You and your affiliates are not subject to any trade restrictions, sanctions or other legal restrictions enacted or proposed by any country, international organisation or jurisdiction (Relevant Subjects).
- You and your affiliates do not offer products or services likely to trigger international trade restrictions, sanctions or other legal restrictions by any Relevant Subjects.
- You, your parent companies or affiliates do not directly, or indirectly deal with or provide funds, goods or services to Relevant Subjects.
- You will consistently comply with all applicable export control and sanctions laws and regulations when using the services, including sanctions resolutions,laws and regulations imposed by the law by the United Kingdom or any other country.
- If you are your affiliates sell products requiring a warning under any Health & Safety Law which comply Proposition and Warnings, you must promptly display a Proposition and Warning on the product detail page as required by the relevant law. You must also authorise Kartco to display a Proposition and Warning on your behalf and will only revise or remove these when legally required to do so.
- You and your affiliates are responsible for ensuring your product(s) compliance with the laws and regulations of the destination country/region and applicable international conventions. This includes adherence to relevant labor laws and standards. Kartco International Ltd reserves the right to remove the product listing from or stop the sale of any such product in those markets once it becomes visible to us.
- In the event that you fail to meet any of the above requirements at any time, you must cease using the platform and its services immediately. If we reasonably believe that your conduct violates or threatens to violate any applicable laws and regulations, Kartco International Ltd may take appropriate action at its sole discretion. This may include terminating the provision of services, closing relevant purchase orders, and terminating your accounts whilst reserving all rights regarding any non-complaint actions or conduct of its members.
6. Member Responsibilities and Breaches
Kartco International Ltd reserves the sole discretion to scrutinise and take appropriate action regarding any user content submitted to, posted on or displayed within our platform. This action may include, but is not limited to: removing, modifying or rejecting such user content if we reasonably believe that it acts out the following:
- Violates applicable laws and regulations.
- Contravenes our Terms and Conditions
- Poses a potential liability for Kartco or our affiliates and partners.
- Infringes upon Third Party Rights.
- Could hard the interests of our members, third parties or Kartco and our partners and affiliates.
- Is otherwise deemed inappropriate within Kartco’s sole discretion.
In the event that a member breach any of our Terms and Conditions, or if we have a reasonable ground to suspect such a breach, we retain the right to take disciplinary actions as we see fit. These actions may encompass, but are not limited to the following:
- Suspension or termination of the members account, including any related accounts as Kartco International Ltd deems necessary, without incurring any liability for resultant losses or damages.
- Restrictions, downgrades, suspensions or terminations of members subscriptions, access or usage of any services.
- Removal or product listings or other user content submitted, posted or displayed by the member or the imposition of restrictions on the quantity of such content that may be posted.
- Implementation of additional restrictions on the members use of specific features or functions within our services.
- If a third party lodges a complaint or claim and Kartco holds reasonable grounds to believe that the member has wilfully or significantly failed to fulfil a contract with such a third party. This includes cases where a member, providing products or services through our platform, faults to deliver ordered items or provides products that significantly deviate from the contract terms.
- When Kartco International Ltd has reasonable grounds to suspect that a member has used a stolen credit card or provided false or misleading information in a transaction with another party.
- If Kartco International Ltd has reasonable grounds to suspect that the information provided by the member is incomplete, outdated, false, inaccurate, or misleading.
- If we believe that the members actions may result in financial loss or legal liability for us.
Kartco International Ltd reserves the right to fully cooperate with governmental or regulatory authorities, law enforcement agencies, private investigators and injured third parties in the investigation of suspected criminal or civil wrongdoing. To the extent permitted by applicable laws and policies, we may disclose the members identity, contact information and account-related information upon request from a government, regulatory or law enforcement body, an injured third party or pursuant to a subpoena or other legal action. Kartco International Ltd shall not be held liable for any damages or consequences arising from such disclosures and members agree not to pursue any claims against us for such disclosures. We may impose limitations, suspend or terminate a members use of any service or the platform if we receive notice that the member is in breach of any agreement with Kartco International Ltd, such breach involves or is
reasonably suspected to involve dishonest or fraudulent activities. We reserve the right to investigate such breaches or request confirmation from the member.
Each member agrees to indemnify Kartco International Ltd, our affiliates, directors, employees, agents and representatives and hold them harmless form any and all damages, losses, claims and liabilities. This includes legal costs on a full indemnity basis, arising from their submission, posting, or display of any user content, their access to or use of the platform and services or their breach of the Terms and Conditions or any Additional Agreements.
Each member further agrees that Kartco is not responsible and shall not have any liability for any user content or other materials transmitted through the platform or services. This includes materials that may be fraudulent, untrue, misleading, inaccurate, defamatory, offensive, or illicit. Although we try our upmost best that this is avoided at all costs, the risk of damage from such user content or materials rests entirely with the member. Kartco International Ltd reserves the right at our own expense, to assume exclusive defence and control of any matter subject to indemnification by the member, in which case the member shall cooperate with us in asserting any available defences.
Transactions between Buyers and Sellers
Kartco International Ltd offers electronic, web-based platforms within its platforms in order to facilitate the exchange of information and transactions between buyers and sellers of products and services. Through these platforms, members can place, accept, conclude, manage, and fulfil orders for products and services online. It is important to note that whilst Kartco International Ltd provides these services, we do not act as a representative for either the seller nor the buyer in specific transactions. We do not exercise control over and are not liable or responsible for the quality, safety, legality or availability of products or services offered on our platforms. Additionally, we do not guarantee the ability of sellers to complete a sale or the ability of buyers to complete a purchase. Kartco International Ltd holds a ‘Wallet’ system for transactions, where monies will be displayed in buyers/sellers ‘Wallet’ upon transaction. Sellers will have the funds automatically withdrawn to their preferred payment receiving method which is available on our platform once the buyer has received their product and once tracking has confirmed the delivery of product to the buyer. In the event of a refund, buyers will have this issued in their ‘Wallet’ which they may withdraw.
Users of Kartco International Ltd’s platforms should be aware that there are inherent risks associated with online transactions, including the potential for dealing with individuals who may be acting under false pretences. Whilst we employ various techniques to verify certain information provided by our paying users, we cannot verify each users identity with absolute certainty. Therefore, we encourage all users to exercise due diligence and use common sense and initiative when evaluating with whom they are conducting.
Buyers and sellers who access or use Kartco International Ltd’s platform and services must acknowledge and accept the risks associated with conducting purchase and sale transactions. Collectively, these risks are referred to as ‘Transaction Risks’ and Kartco International Ltd holds no liability for any damages, claims, liabilities, costs, hard, inconveniences, business disruptions or expenditures that may arise as a result of Transaction Risks. Buyers and sellers on Kartco International Ltd’s platform are solely responsible for defining and adhering to the terms and conditions of their transactions.
Users are obligated to provide all information and materials reasonably requested by Kartco International Ltd in connection with their transactions conducted on our platform and services. Failure to do so and failure to provide the required information and materials may result in the suspension or termination of users account, without us incurring any liability for any losses or damages arising from such suspension or termination. In the event that a user encounters a dispute with any party involved in a transaction, the user agrees to release and indemnify Kartco International Ltd, including our agents, affiliates, directors, officers and employees from any claims, demands, actions, proceedings, costs, expenses and damages (including actual, special, incidental or consequential damages) arising from or related to the despite of the transaction.
Kartco International Ltd explicitly disclaims all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability, or fitness for a particular purpose. All such warranties, representations, conditions, and undertaking are hereby excluded. We make no representations or warranties regarding the validity, accuracy, correctness, reliability, quality, stability, completeness or correctness of any information provided on our platform. We do not represent or warrant that the manufacture, importation, exportation, distribution, offering, displaying, purchasing, selling or use of products or services on our platform
infringe upon any third-party rights. Additionally, we make no representations or warranties regarding any product or service displayed or offered on our platform.
Each user must agree to indemnify and protect Kartco International Ltd, our affiliates, directors, officers and employees from any losses, damages, claims or liabilities (including legal costs on a full indemnity basis) arising, directly or indirectly, from claims made by Third Party Rights claimants or other third parties related to user content, information and/or products offered or displayed on our platform. Additionally, users acknowledge that Kartco International Ltd is not responsible and has no liability for any material posted by others, including defamatory, offensive, or illicit material. The risk of damages from such material rests entirely with each user. Kartco International Ltd reserves the right, at our own expense, to assume the exclusive defence and control of any matter subject to indemnification by the user and users must cooperate with us in assessing any available defences.
Kartco shall not be liable for any special, direct, indirect, punitive, incidental, or consequential damages or any other damages whatsoever *including but not limited to, damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise. This limitation of liability applies to damages resulting from the following:
- The use or inability or use our platform or services: Kartco International Ltd shall not be responsible for any interruption of services or any inability to access or use the platform.
- Violation of Third Party Rights: Users are responsible for ensuring that their activities on our platform do not infringe upon the rights of third parties.
- Unauthorised access: Kartco International Ltd shall not be liable for any unauthorised access to user data or private information.
- Matters Relating to the Platform or Services: This includes any issues that may arise whilst using our platform or services regardless of the cause.
Notwithstanding any other provisions herein, the aggregate liability of Kartco, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each user for all claims arising from the access to or use of our platform or services during any calendar year. The limitations and exclusions of liability under these Terms shall apply to the fullest extent permitted by law, whether or not Kartco International Ltd was aware of the possibility of such losses.
Kartco shall not be held liable or obligated to provide compensation for any type of loss resulting from the unavailability, inconvenience or failures of our services or systems due to the following reasons:
• Scheduled Maintenance and Communications Failures:
We are not responsible for losses incurred during scheduled system maintenance or due to the inability to transmit data because of communication terminal or telecommunications equipment failures.
Kartco International Ltd shall not be liable for losses arising from events beyond our control, which include but are not limited to: typhoons, earthquakes, tsunamis, floods, power failures, fires, storms, war, political unrest, labour strikes, labour or material shortages, riots, insurrections, civil disturbances, terrorist attacks, explosions, acts of God, governmental actions, orders from domestic or foreign courts or tribunals or non-performance by third parties. We are not liable for any suspension or delay in our services or system failures caused by circumstances beyond our reasonable control. Such circumstances may include: hacker or cyber-attacks, technical adjustments, telecommunications department failures, website upgrades, problems caused by third parties or any suspension or disruption of transportation or business operations. This includes delays or disruptions in resuming work or operations as ordered by government agencies in the event of a national or regional epidemic or pandemic occurring. In such events, Kartco International Ltd will not be held accountable for losses or inconveniences incurred by users. We encourage users to take necessary precautions and safeguard to protect their interests during such events beyond our control.
Kartco is the exclusive owner or lawful licensee of all rights and interests in our platform, including its content. All rights, ownership and intellectual property concerning our platform and its content will remain with Kartco International Ltd and our affiliates. We reserve all rights not explicitly granted under our Terms. Trademarks such as ‘KARTCO’ and related icons and logos are registered trademarks or service marks of Kartco International Ltd. unauthorised copying, modification, use or publication of these marks is strictly prohibited and subject to legal action. These trademarks are protected by copyright, trademark, and other proprietary right laws. We may engage third parties to provide various services such as; authentication and verification services etc. users are not permitted to use the trademarks, service marks or logos of these independent third parties without obtaining prior written approval from them.
At Kartco International Ltd, we believe in effective communication. Below is how notices must be handled at Kartco International Ltd: Legal Notices to Kartco International Ltd:
If you are required to send us a legal notice or demand, please do so in writing. You may send it personally, by courier or via certified mail to the following entity and address:
Kartco International Ltd
23 Doffers Lane
Coventry
West Midlands
United Kingdom
Post code: CV6 5FZ
Or additionally, you may send it to the following address:
Kartco International Ltd
214-3 Derde Oosterparkstraat
Amsterdam
Netherlands
Post code: 1092 EJ
If we require you to send a legal notice or demand to you as a user, it will be effective if the following requirements are met:
- Delivered personally.
- Sent by courier.
- Sent via certified mail.
- Sent by email to your last-known correspondence email address provided to Kartco International Ltd.
Notice to you is considered received when
- Kartco International Ltd can demonstrate that communication, whether physical or electronic has been sent to you.
- Kartco International Ltd posts the notice on a publicly accessible area of the platform without charge.
All members must agree that all agreements, notices, demands, disclosures and other communications that Kartco International Ltd sends to you electronically will satisfy any legal requirements that such communication should be in writing. We value clear and efficient communications at Kartco International Ltd and are committed to ensuring it with our users.
The Terms, unless there are Additional Agreements, serve as the comprehensive agreement governing your relationship with Kartco International Ltd. They supersede any previous written or oral agreements pertaining to the same subject matter. Our intention is to provide you with a Clea and up-to-date understanding of how our platform and services work.
Employee:
Kartco International Ltd and you maintain independent identities in our interactions. These Terms do not establish an agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship between us. We engage with you as an independent user of our platform and services.
Sanctions and Restricted Territories:
Kartco International Ltd is committed to compliance with international laws and regulations, including sanctions imposed by various governments and international bodies. We do not offer our services or products to individuals or entities located in or associated with countries subject to comprehensive sanctions which include: Russia, North Korea and Iran.
Sanctions Overview:
Russia: being based as a UK company that operates globally, it is vital for us to follow the rules and regulations set within the UK. The United Kingdom and other international bodies have imposed sanctions on Russia in response to various actions and events. These sanctions include but are not limited to: asset freezes, travel bans and trade restrictions. The specific details and scope of these sanctiopns can change over time and it is the responsibility of users on our platform to ensure compliance with relevant laws. Due to these sanctions, we have currently forbidden trade, products, and services on Kartco International Ltd to be provided to Russia, users who reside in Russia will also not be able to access our platform. in the event the laws, rules, and regulations changes; we will remove this sanction on our platform.
North Korea: North Korea, also known as the Democratic People’s Republic of Korea (DPPK), is subject to extensive sanctions due to its nuclear weapons program and other activities. These sanctions include trade restructions, asset freezes and travel bans. Kartco International Ltd prohibits offering services, trade and products to individuals or entities in North Korea. Users who reside in North Korea will also not be able to access our platform. in the event the laws, rules, and regulations changes; we will remove this sanction on our platform.
Iran: Iran has been subject to various sanctions imposed by the United Kingdom, the European Union, and the United States. These sanctions encompass trade restrictions, asset freezes and other measures in response to concerns related to nuclear proliferation, human rights, and other issues. Kartco International Ltd prohibits offering services, trade and products to individuals or entities in Iran and users who reside in Iran will not be able to access our platform. In the event the laws, rules, and regulations changes; we will remove this sanction on our platform.
Responsibility of Users: by using out platform or services, users confirm that they are not located in or associated with Russia, North Korea or Iran. Users must comply with all applicable laws and regulations, including international sanctions. Kartco International Ltd reserves the right to terminate or restrict access to its services for any individual or entity found to be in violation of these sanctions or any other applicable laws.
Changes to Sanctions: Sanctions and restrictions can change over time due to international developments and governmental actions. Kartco International Ltd is committed to staying informed about these changes and will update this policy to remain in compliance with applicable laws.
Consolation with Legal Professionals: Kartco International Ltd strongly recommends users and stakeholders to consult with legal professionals to ensure compliance with all relevant sanctions, laws and regulations.
Contact Us: if you have any questions or concerns regarding this policy or if you believe you have been mistakenly restricted from accessing our services, please contact our support team for assistance: admin@kartco.co.uk
By using our services, users acknowledge and agree to comply with these sanctions and restricted territories clause.
Declaration: these documents have been produced by Kartco International Ltd and we reserve all rights to the information stated. Our documents must not, in any case be modified, imitated, or shared with third parties with any copyrighting. We maintain to take legal action if cases as such come to our knowledge.
Kartco International Ltd
Also known as:
Kartco
Date: 26th October 2023
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