Important Legal Notice
Your use of this website is strictly subject to the terms and conditions of use set out below. By using this website you are agreeing, and you are signifying your agreement, to be bound by these terms and conditions. If you do not agree with all or any of these terms and conditions, as from time to time amended, you should immediately cease using the site.
Control and Use of the Website
1. Kainos Evolve (‘Kainos’ or ‘we’) reserve the right to change the content, presentation, performance, user and facilities and availability of any part of this website at its sole discretion, including these terms and conditions of use, and you should check these terms and conditions of use regularly for any changes.
2. Occasionally Kainos may:-
a. change the technical specifications of this website or any portion thereof; or
b. suspend this website or any portion thereof for operational reasons such as repair, maintenance or improvement of this website or any portion thereof or because of an emergency or change the system resource limits applicable to your use of this website or any portion thereof.
3. You may not use this website or any part of it to engage in activities which:-
a. infringe the proprietary or intellectual property rights of Kainos and/or its licensors and/or third parties;
b. compromise the privacy of others;
c. are immoral, illegal or advocating of illegal activity;
d. destroy the integrity of any data or other computer based information;
e. violate local, state, or national laws of any country;
f. impersonate another person;
You hereby agree to indemnify and hold harmless Kainos against any claims, proceedings and actions taken and all damages (including costs) that may be awarded or agreed to be paid to any third party in respect of any claim or action arising as a result of your breach of this condition.
Copyright and Reproduction Notice and Limited License
4. All information, content, software, graphics, text, sounds, images, buttons, trade marks, service marks, trade names and logos (the ‘Materials’), contained in this website are protected by copyright, trade mark, database right, and other intellectual property laws, under national laws and international treaties and are the property of Kainos, its licensors or their respective owners.
5. You are granted a limited non-transferable, non-exclusive license solely for your own use to refer to, bookmark or point to any page within this website, and to download the Materials contained on this website to a single personal computer, and to print a single hard copy of the Materials contained on this website for your own personal reference, provided however that all copyright, trade mark and other proprietary notices are left intact. The grant of this limited license is conditional on your agreement to and your compliance with, all of these terms and conditions of use. Any other use of the Materials on this website, including without limitation, any form of copying or reproduction (for any purposes other than those noted above) modification, distribution, re-publication, extraction, reutilization, incorporation or integration with other materials or works or re-delivery using framing technology, without the prior written permission of Kainos, is strictly prohibited and is in violation of the legal and other propriety rights of Kainos and/or its licensors.
6. Use of this website is at your own risk. You assume complete responsibility for, and risk of, loss resulting from downloading, using, referring or relying on, Materials, or any other information obtained from your use of this website. You agree that Kainos and providers of telecommunications and network services (web site designers and web site facilities providers) to Kainos will not be liable for damages arising out of your use or your inability to use this website, and you hereby waive any and all claims with respect thereto, and whether based on contract, tort (including negligence) or other grounds.
7. This website, the Materials and the Documentation are available to all users ‘as is’ without any representations or warranties of any kind, either express or implied. To the greatest extent permitted by applicable law, Kainos excludes all other warranties express or implied, statutory or otherwise as to the quality, accuracy, timeliness, completeness, merchantability or fitness for a particular purpose of the Materials, Documentation, information, goods and/or facilities advertised or accessed via this website.
8. Kainos makes no representations, warranties or undertakings that this website, or the server that makes it available, will be free from defects, including, but not limited to viruses or other harmful elements. Kainos expressly excludes liability for any infection by computer virus, tampering, unauthorized access, intervention, alteration or use, fraud, theft, technical failure, error, omission, interruption, deletion, defect, delay, or any event or occurrence beyond the control of Kainos, which corrupts or affects the administration, security, fairness and integrity or proper conduct of any aspect of this website.
9. Kainos makes no representations, warranties or undertakings about any content of or information on any other website referred to or accessed by hypertext link through this website or from which this website is referred to or accessed by hypertext link (‘third party site’). Kainos does not endorse or approve the content of any third party site, nor will Kainos have any liability in connection with any third party site (including but not limited to liability arising out of any allegation that the content of or information on any third party site infringes any law or the rights of any person or entity). No judgment or warranty is made with respect to the accuracy, timeliness or suitability of the content or services of any third party site, and any and all liability which might arise out of, or in connection with, your use or reliance on the services, content of or information on, or the performance of, any third party site is excluded. Kainos does not represent or guarantee that the controller of any third party website will respect your privacy in the same manner as Kainos.
Limitation of Liability
10. To the fullest extent permitted by applicable law, neither Kainos nor any of its directors, employees, affiliates or other representatives will be liable for loss or damages arising out of or in connection with your use of, or your inability to use, the Materials, the Documentation and/or facilities offered through this website, including, but not limited to, indirect or consequential loss or damages, loss of data, income, profit or opportunity, loss of savings or anticipated savings, loss of or damage to property and claims of third parties, or wasted management time even if Kainos has been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable. In no event shall Kainos liability to you exceed Stg100.00. In using this website, you are agreeing, and you are signifying your agreement, to be bound by this limitation on the liability of Kainos.
Data Protection and Privacy Statement
11. Kainos respects your right to privacy in relation to your interactions with this website. Any information which is provided by you will be treated in accordance with the terms of the Data Protection Act 1998, as amended, adapted or extended by, or under, any subsequent enactment (the ‘Act’)..If at any time after giving us this information you decide that you no longer wish us to process this information, or in the case that the information becomes out of date, you require us to rectify or correct the information you are free to notify us, and we will deal with your request within a reasonable time. Kainos is fully cognisant of its responsibilities under the Act, and will at all times and in all respects comply with its statutory responsibilities relating to the processing of your personal data.
12. Kainos complies with the U.S.-EU Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries. Kainos has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Kainos’ certification, please visit http://www.export.gov/safeharbor/. As part of Kainos’ participation in these Safe Harbor Frameworks, there is a dispute resolution procedure in place with the EU Data Protection Authorities (DPAs), the Information Commissionerís Office, for disputes relating to Kainos’ compliance. If you have any questions or complaints regarding Kainos’ compliance with the U.S.-EU Safe Harbor Framework, please contact Kainos here (https://www.kainos.com/contact-us/). If contacting Kainos does not resolve the issue, you may raise the issue with the Information Commissioner’s Office, by following this link – https://ico.org.uk/concerns/handling/
13. You acknowledge and agree that in certain circumstances we may be obliged to disclose personal data relating to you to third parties, for example, in order to conform to any requirements of law or to comply with any legal process, as well as to protect and defend the rights of property of Kainos, our licensors and/or our other customers. You authorize disclosure of any personal information held for such purposes.
14. You should be aware that each time you visit a website general information about you visit is retained. Statistical and other analytical information is collected on an aggregate and non-individual specific basis of all browsers who visit this website. This statistical and analytical information provides us with general and not individually specific information about the number of people who visit this website; the number of people who return to this website; the pages that they visit; where they were before they came to this website and the page in the website at which they exited. This information helps us monitor traffic on our website so that we can manage the site’s capacity and efficiency. It also helps us to understand which parts of this website are most popular, and generally to assess user behaviour and characteristics in order to measure interest in and use of the various areas of the website.
17. Kainos reserves the right in its sole discretion to amend this privacy statement at any time; it is your responsibility to check this privacy statement regularly for any amendments.
The table below sets out what cookies we use and why:
|Google Analytics||†||1 year||These cookies are used to measure visitor behaviour and usage patterns, such as the time spent on site, number of visits or what pages were viewed during a visit.All information is anonymous and reports always show aggregate, not individual data. Click here for an overview of privacy at Google.|
|YouTube||Persistent||240 days||These cookies are used to measure visitor behaviour and usage patterns, such as the number of visits or what videos were viewed during a visit.All information is anonymous and reports always show aggregate, not individual data.|
How to delete cookies
Most browsers are set to automatically accept cookies. If you’re using Microsoft’s Internet Explorer, Mozilla Firefox, Google Chrome or Safari you should be able to configure your browser to restrict or block cookies, or you may wish to delete them, by going to your browsers settings. Below are short instructions for how to do this in the four most popular browsers:
Microsoft Internet Explorer
Click the “Tools” icon in the top right hand corner and select “Internet options”. In the pop up window select the “Privacy” tab. From here you can adjust your cookie settings.
Click the spanner in the top right hand corner and select “Settings”. From here select “Under the hood” and change the settings under “Privacy”.
From the drop down menu in the top left hand corner select “Options”. In the pop up window select the “Privacy” tab. From here you can adjust your cookie settings.
From the settings drop down menu in the top right hand corner select “Preferences”. Select the “Security” tab and from here you can adjust your cookie settings.
18. Any waiver of any provision of these terms and conditions must be in writing and signed by Kainos to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. If any court of competent jurisdiction finds any provision of these terms and conditions to be void or unenforceable for any reason, then such provision shall be ineffective to the extent of the court’s finding without affecting the validity and enforceability of any remaining provisions. These terms and conditions represent the entire understanding and agreement between you and Kainos relating to use of this website, and supersede any and all prior statements, understandings or agreements whether oral or written, and shall not be modified except in writing, signed by you and by Kainos.
19. Nothing in these terms and conditions shall create or are being deemed to create a partnership or joint venture between Kainos and any other user of this website or the relationship of principal and agent between Kainos and any other user of this website.
20. These terms and conditions are not made for the benefit of, nor shall they be enforceable by, any person other you and Kainos (and Kainos’ permitted assignees under clause 22).
21. This website is controlled and operated by Kainos Evolve Limited, a Northern Ireland registered company, under no. NI 622516, having its registered offices at 4-6 Upper Crescent, Belfast, BT7 1NT. Kainos does not make any representation that Materials and/or the Documents offered through this website are appropriate or suitable for use in countries other than England and Wales, or that they comply with any legal or regulatory requirements of such other countries. In accessing this website, you do so at your own risk and on your own initiative, and are responsible for compliance with local laws, to the extent any local laws are applicable. If it is prohibited to make this website, the Materials and/or Documentation offered through this website or any part of them, available in your country, or to you (whether by reason of nationality, residence or otherwise), this website, the Materials and/or the Documentation offered through this website or any part of them are not directed at you. These terms and conditions of use shall be governed by and construed in accordance with the laws of England and Wales, and you hereby agree for the benefit of Kainos, and without prejudice to the right of Kainos to take proceedings in relation to these terms and conditions of use before any other court of competent jurisdiction, that the courts of England and Wales shall have jurisdiction to hear and determine any action or proceedings that may arise out of or in connection with these terms and conditions of use, and for such purposes you irrevocably submit to the jurisdiction of such courts.
22. You cannot, without the prior written consent of Kainos, assign any of your rights or obligations under these terms and conditions.
23. Kainos may assign or sub-contract the whole or any part of its rights or obligations under these terms and conditions without restriction.