Terms and Conditions

These Terms and Conditions (“Terms and Conditions”) set forth and govern Your access to and use of this Website (the “Website”) and is a legally binding agreement between you (“You”, “Your” or “User”) and Karhoo (as defined below).

  1. Introduction
    • The Website is made available to You by Karhoo Europe (UK) Limited, a company established under the laws of England and Wales with company number 10623359 having its registered office at 2 Eastbourne Terrace, London, W2 6LG (collectively, “Karhoo”, “We”, “Us” or “Our”).
    • Please read these Terms and Conditions carefully before using the Website.  By accessing any part of the Website, you will be deemed to have accepted these Terms and Conditions in full in respect of your use of the Website.  If you do not accept these Terms and Conditions, you must leave the Website immediately.
    • Karhoo may revise these Terms and Conditions at any time by posting an update on the Website.  Your continued use of the Website after any such change constitutes your acceptance of the new Terms and Conditions and they will be binding on you.  You should therefore check the Website from time to time to review the current Terms and Conditions.

 

  1. Disclaimer
    • Karhoo endeavours to ensure that the Website is normally available 24 hours a day, Karhoo does not guarantee that the Website, or any content on it (“Karhoo Material”), will always be available or uninterrupted and Karhoo will not be liable for any reason if the Website is unavailable at any time or for any period.  Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair for any reason or for any other reasonable cause.
    • You are responsible for ensuring that all persons who access the Website through your internet connections are aware of these Terms and Conditions, and that they comply with them.
    • You acknowledge that whilst Karhoo endeavours to ensure that information on the Website or in the ant Karhoo Material is accurate and complete, it is provided only for general information, is not intended to address your particular requirements and does not constitute any form of advice or recommendation by Karhoo.
    • Karhoo makes reasonable efforts to update the the Website and the Karhoo Material, however Karhoo makes no representations, warranties or guarantees, whether express or implied, that the Website and the Karhoo Material is accurate, complete or up to date.
    • Karhoo will use reasonable endeavours to ensure that the Website and the Karhoo Material does not contain or promulgate any viruses or other malicious code. However, Karhoo does not guarantee that the Website will be sure or free from bugs, viruses or malicious code and we recommend that You virus check all such materials regularly for the presence of viruses and other malicious code.
    • You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.
    • Karhoo is not responsible for any defamatory, offensive or illegal conduct of any Website user or third party.

 

  1. Use of Website and Website Content
    • All intellectual property and other proprietary rights in and to the Website and the Karhoo Material is owned by and reserved to Karhoo or its licensors or users (as applicable).
    • The Karhoo Material includes all of Karhoo’s trademarks (whether registered or unregistered), graphics, logos, designs, page headers and button icons used and displayed on the Website.  You are not permitted to use any of the foregoing nor any similar or confusing versions in any way without Karhoo’s prior written consent, other than for the purposes of referring to Karhoo and its brands lawfully and in good faith.
    • You agree that you will use the Karhoo Material only in accordance with the following permitted uses (except where otherwise agreed in writing with Karhoo):
      • viewing them on a computer screen and printing a reasonable number of copies of them, in accordance with fair practice and only to the extent reasonably required in the circumstances (and not further copying them);
      • where (and only to the extent that) permission to download and store them is specifically granted in the relevant Karhoo Material, downloading and storing the content on the hard disk of your computer or portable media but not making any further transfer or copy of it;
      • making only such other use of them as may be specified in the Karhoo Material.
    • You agree not to:
      • attempt to interfere with the proper working of the Website or to monitor use of the Website without Karhoo’s prior written permission;
      • take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure;
      • decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or discover any source code or underlying ideas, algorithms, file formats or programming or interoperability interfaces within the Website (except that these restrictions only apply to the extent permitted by law);
      • use any network monitoring or discovery software to determine the Website architecture or extract information about usage, individual identities or users;
      • scrape, extract, download, upload, sell or offer for sale any of the Karhoo Material or to use, or cause to be used, any computerized or other manual or automated program or mechanism, tool, or process, including any scraper or spider robot, to access, extract, download, scrape, data mine, display, transmit, or publish, any of the Karhoo Material;
      • bypass robot exclusion headers or other similar measures that Karhoo may use to restrict access to, or caching of, the Website;
      • remove any copyright or trade mark notices from any of the Karhoo Material;
      • circumvent, disable or otherwise interfere with security-related features of the Website including any features designed to prevent, limit or restrict use or copying of any Karhoo Materia; or
      • to distribute, reproduce, modify, store, transfer or in any other way use any of the Karhoo Material (including as part of any database, library, news, information, archive, website or similar service) other than as set out above.
    • You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website 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. Karhoo 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 the Website will cease and your access to the Website will be cancelled immediately.
    • Additional terms may apply to:
      • registration on the Website including for any email alert or other related services; OR
      • any promotion, competition or draw appearing on the Website.

  1. Use of Software
    • Copyright in any software that is made available for download on the Website or the Karhoo Material belongs to Karhoo or its suppliers (as applicable).
    • Your use of the software is governed by the terms of any licence agreement that may accompany or be included with it.  It is your responsibility to check the terms of the licence agreement applicable to any such software and you must not install or use any software unless you agree to the terms of the relevant licence agreement.
    • Any rights not expressly granted in these Terms and Conditions or any applicable licence agreement are reserved.

  1. Links to and from Other Websites
    • Links on the Website to third party websites are provided solely for your convenience and such links should not be interpreted as approval by Karhoo of those linked websites or information that you may obtain from them.  If you use these links, you leave the Website.  Karhoo does not endorse or make any representations about any such third party websites and does not control or take any responsibility for their content or availability. If you decide to access any such third party website, you do so entirely at your own risk.
    • You may not link to any pages of the Website without Karhoo’s pror written consent. Karhoo reserves the right to withdraw on written notice any linking permission granted.

  1. Suspension of Access to Website and User Indemnities
    • If Karhoo believes that you have not complied with any of these Terms and Conditions, it may in its sole discretion suspend or cancel your access to the Website or any part thereof without notice.
    • Without prejudice to the provisions of paragraph 6.1 above, you agree to compensate Karhoo in respect of any claims, losses, expenses and liabilities (including legal fees) which arise from or in relation to your use of the Website or the Karhoo Material other than in accordance with these Terms and Conditions including any breach of paragraph 3.

  1. Limitation of Karhoo’s Liability
    • Karhoo will not be liable to you for any loss or damage caused by Karhoo or its employees or subcontractors in circumstances where:
      • there is no breach of a legal duty of care owed to you by Karhoo or its employees or subcontractors;
      • you can show that there has been a breach of a legal duty of care owed to you by Karhoo or its employees or subcontractors, but such loss or damage does not flow naturally as a consequence of that breach;
      • in respect of any increase to your loss or damage arising from or relating to your actions.
    • In the event that you are dissatisfied with, or dispute these Terms and Conditions, the Website and/or the Karhoo Material, to the maximum extent permitted by law, your sole right and exclusive remedy is to cease to use the Website, even if that right or remedy is deemed to fail of its essential purpose. You confirm that Karhoo has no other obligation, liability or responsibility to you or any other party.
    • Without prejudice to paragraphs 7.1 and 7.2 above but subject to paragraph 7.d below, any liability of Karhoo arising from or in relation to your use of the Website or the Karhoo Material (whether in tort, contract or otherwise) will be limited to five hundred pounds sterling (£500) unless otherwise agreed in writing by Karhoo.
    • Nothing in these Terms and Conditions will operate to exclude or limit Karhoo’s liability for death or personal injury caused by the negligence of Karhoo or its employees or subcontractors, for any fraudulent misrepresentation by any of the foregoing or for any other liability which cannot be excluded or limited by law.

  1. General
    • In the event that any provision of these Terms and Conditions is held to be invalid or unenforceable, the relevant provision shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable and the remainder of these Terms and Conditions will remain valid and enforceable.
    • Karhoo may record and monitor telephone calls with Website users and may use that data for any legitimate business purpose.
    • No failure or delay by Karhoo to exercise any right or remedy provided in these Terms and Conditions or by law shall constitute a waiver by Karhoo of that or any other right or remedy, nor shall it prevent or restrict the further exercise by Karhoo of that or any other right or remedy. No single or partial exercise of any right or remedy by Karhoo shall prevent or restrict the further exercise of that or any other right or remedy.
    • These Terms and Conditions constitute the entire agreement between, You and Karhoo in relation to the Website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between Karhoo and You with respect to the Website.
    • You may not, but Karhoo may, assign, convey, transfer, subcontract or delegate rights, duties or obligations under these Terms and Conditions.

  • These Terms and Conditions are governed by English law and the courts of England will have exclusive jurisdiction to settle any disputes (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions.