1. Introduction
Welcome to the kitt.ie website. This document sets out the Terms of Use of our website and applies to anyone who accesses or uses our site. This includes pages consisting of or containing kitt.ie. These Terms of Use apply to the usage of all services provided by us, including access to our site via desktop, as well as on mobile. The use of the “website”, “site”, or “kitt.ie” and the provision of our listing services on the website are subject to you accepting the Terms of Use (defined below).
The agreement between you and us in relation to your use of the Website (the “User Agreement”) consists of these terms and conditions of use (“Terms of Use”) and the policies referred to in clause 11 below (each a “Policy” and together the “Policies”), all of which you should read carefully before you start to use the Website.
Users acting in a capacity who offer goods or services to consumers on KITT for purposes relating to trade or business in accordance with Clause 19 (“Business Users”) are Business Users for the purposes of these Terms.
2. Your consent
Please review the Terms of Use and each Policy carefully. By accessing and using the Website, you confirm that you have read, understand and accept the Terms of Use and the Policies and that you agree to abide by their respective terms each time you access and use the Website. If you do not agree with any of the Terms of Use or any Policy, you may not use the Website.
Registered users of our site will be required to agree to these Terms of Use in order to carry out core services provided by the Site.
3. Modification of terms
KITT may modify the Terms of Use and any Policy at any time. Any changes to the Terms of Use and Policies will be updated on the Website and any continued use of the Website means any such user shall be deemed to have read, understood and agreed to be bound by the then prevailing Terms of Use and Policies.
By continuing to access, browse and use the Website, unregistered users will be deemed to have agreed to any changes or updates to the Terms of Use and any Policy.
4. Information about us
The Website and the KITT service (defined below) is a website operated by KITT Limited (“we”, “us” or “our”). We are incorporated in Ireland under company number 693071 and our address is Curracruit, Muine Bheag, Co.Carlow. You can contact us at hello@kitt.ie
5. Access to and use of the Website and the KITT Service
5.1 Age and Responsibility
The use of the Website and/or the KITT Service by a minor (an individual under 18 years of age) is subject to the consent of their parent or guardian and our contract is with the parent or guardian, who is responsible for the minor’s compliance. We advise parents or guardians who permit minors to use the Website and/or the KITT Service that it is important that they communicate with minors about their safety online, as moderation or vetting of listings is not guaranteed or foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
You are responsible for making all arrangements necessary for you to have access to the Website and/or the KITT Service. You are also responsible for ensuring that all persons who access the Website and/or the KITT Service through your internet connection, including any minors, are aware of these terms, and that they comply with them.
The services which are made available on the Website by us from time to time will, amongst other things, allow you: (a) to create and publish listings for sports equipment and sports apparel for sale (b) to contact other users of the Website; (c) to search our database for listings regarding a specific seller or product (d) to forward/share user profiles/listings to people you know; (e) to invite people you know to view the Website; (f) to download or copy portions of information, data, text, sound, images, photographs, graphics, video, messages and other materials; and (g) to view third party material and receive messages on the site and access other items displayed on the Website.
You may use the Website for your own personal and non-commercial use to avail of the KITT Service strictly in accordance with the User Agreement. Where you use the Website for commercial purposes, the provisions of the User Agreement applicable to Business Users shall apply.
The User Agreement applies to all users and visitors to the Website and the KITT Service.
6. Registration of accounts, usernames and passwords, deactivating accounts
Registration is not required if you simply want to browse through the listings on the Website. Registration is required if you want access to core services, including but not limited to, placing listings, saving favourites, and interacting with other users.
As part of the registration process, you will be asked to enter your email address and a password and you will be responsible for all activities occurring under your account and for keeping your password secure, for example you must not enter your account information into a phishing website, or any other website purporting to be or offer services for kitt.ie. All information supplied by you must be complete and accurate.
6.1 Names and Email Addresses
You may not enter a name or email address that:
6.2 Accounts and passwords
We reserve the right to log off or deactivate accounts that are inactive for an extended period of time.
You are responsible for all actions taken under your account and you agree only to use the Website using your own name, email address and password. You must make reasonable efforts to keep your password safe and not disclose it to any other person or permit either directly or indirectly any other person to use your email address or password to access the Website. We reserve the right to terminate your registration in accordance with Clause 12 of these Terms of Use.
You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password.
You may change your password or profile by following instructions on the Website.
We will not be liable for any loss that you may incur as a result of someone else using or accessing your password or account, either with or without your knowledge.
You may be held liable for losses incurred by us or any other party because of someone else using or accessing your password or account if you have not taken reasonable steps to keep your password or account secure.
By providing us with your email address, you consent to our using that email address to send you KITT Service-related notices, including any notices required by law, in lieu of communication by post. This may include notifications about leaving reviews on completion of a transaction as reviews left between people is an integral part of the Website; this specific notification is not available for opting out. We may also use your email address to send you other messages, such as changes to features of the KITT Service and special offers. If you do not want to receive such email messages, you may opt-out or change your preferences in your account settings. Opting out may prevent you from receiving email messages regarding updates, improvements or offers.
We do not sell or knowingly pass any personal information from your account to any third party, except information, which is required to provide the service between buyers and sellers. Your details and privacy are important to us. If you feel that your information has been compromised in any way, please report it immediately to us at hello@kitt.ie
Further information about how we use your information, and your rights to update your communication preferences, can be found within our Privacy Policy.
6.3 Deactivating accounts
In accordance with Data Protection Law, non-registered and registered users of our sites can request we delete any personal data we hold. In some instances, we may be unable to delete your data if we are required to retain it to comply with our legal obligations (including requests from law enforcement agencies).
You can learn more about your right to data deletion and how long we retain data for by reading our Privacy Policy.
7. Using and accessing the Website, Content and the KITT Service
We have the right to temporarily or permanently disable, suspend or restrict without limitation any password, name, mobile phone number, IP address or other method that we may allow to be used on the Website from time to time to identify users (whether chosen by you or allocated by us) (a “User Identifier”), at any time, at our discretion, including if, in our opinion, you have failed to comply with any of the provisions of the Terms of Use or any applicable Policy. Where you are a Business User, the rights of termination under Clause 12 below shall apply.
You may not: (a) enter, select, submit or use a false name or an email address owned or controlled by another person with the intent to impersonate that person; (b) use a User Identifier without appropriate authorizations or rights; or (c) use or submit a mobile phone number or email to us in respect of which you are not the registered owner, bill-payer and or account holder. Subject to the provisions of Clause 12 as they apply to Business Users, we reserve the right in our sole discretion to refuse registration of, suspend or cancel a User Identifier’s use or access rights to the Website without notice. You shall be responsible for maintaining the confidentiality of your User Identifier(s) and are fully responsible for all activities that occur under your User Identifier in connection with your use of the Website or the KITT Service. Any User Identifiers created by you or submitted for your access to the KITT Service and Website shall be for your personal use only and are non-transferable.
You must immediately notify us of any unauthorized use of your User Identifier as registered on the Website or submitted to us by you, or any other related breach of security. We will not be liable for any loss or damage arising from your failure to comply with this provision.
If you forget or lose your User Identifier details used for the purposes of accessing restricted areas of the Website, you should request these from us by visiting the ‘Forgotten’ section of the Website.
Only users in Ireland (including Northern Ireland) may list on the Website and the KITT Service. This is without prejudice to the rights of users outside of Ireland to use the Website for the purposes of searching our database of listings. You may not use or access the Website in and from jurisdictions in which its contents are restricted or prohibited by local law or otherwise.
As a condition of your access and use of the Website and/or the KITT Service, you warrant to us that you have the right, authority and capacity to enter into and be bound by the Terms of Use.
We have no obligation to monitor or moderate any user’s activity or use of the Website and/or the KITT Service, however, we retain the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or regulatory authority request or to determine compliance with the Terms of Use or otherwise.
You agree and acknowledge that kitt.ie is an information society service provider, as defined in Directive 2000/31/EC and transposed into Irish law by the European Communities (Directive 2000/31/ EC) Regulations, 2003 (S.I. 68 of 2003), and that it is not under any obligations to monitor the information which it transmits or stores on the Sites. You agree and acknowledge that kitt.ie shall not be liable in respect of information which is hosted or cached by it or in respect of which it acts as a mere conduit. Kitt.ie operates a “notice and take down” policy.
Without any admission of liability, we may from time to time assess any possible risks for users from third parties when they use the Website and/or the KITT Service, and we will decide in each case whether it is appropriate to use moderation or pre-approval of listings on the Website (including what kind of moderation to use) in the light of those risks. We expressly exclude our liability (whether in contract, tort or otherwise) for any loss or damage arising out of or in connection with the use of the Website and/or the KITT Service by a user in contravention of the Terms of Use, whether the service is moderated or not and whether or not a listing has been reviewed by us prior to appearing on the Website.
You understand that, except for information, products or services clearly identified as being supplied by us, we do not operate, control or endorse any information, products, or services on the Internet in any way. Except where identified otherwise, all information and products or services offered through the Website or on the Internet generally are offered by third parties that are not affiliated with us. You also understand that we do not guarantee or warrant that files available for downloading through the Website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data.
You should not rely on any content and/or any other material on the Website to make or refrain from making any decision or take or refrain from taking any action on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such content and/or materials by any user of the Website, or by anyone who may be informed of any of the content. We accept no responsibility for keeping the information on the Website up to date or complete, nor do we accept any liability for any failure to do so. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the internet generally.
We reserve the right to refuse to publish any content or other material or to provide any other services without prior notice to any user or users for any reason or no reason.
We do encourage that you contact us through the ‘Contact Us’ form on the site which allows you to report any Content that is in breach of the Terms of Use or any applicable Policy or is in any other way objectionable.
Kitt.ie will use all reasonable endeavors’ to remove the offending content complained about within a reasonable period of time. Any content reported to us will be reviewed from 9am to 5pm, Monday to Friday, excluding national and public holidays in the Republic of Ireland. Any notification received outside of the aforementioned hours will only be addressed upon the reopening of kitt.ie.
Access to the Website and/or the KITT Service is permitted on a temporary basis, and we reserve the right to at any time and without liability to withdraw, suspend or amend any aspect or feature of the Website and/or the KITT Service without notice or liability.
8. Restrictions on right to use
You agree that you shall not (and you agree not to allow any third party to):
Breaches of the above or any other provision of these Terms of Use may lead to your access to the Website being suspended or terminated. Further information on suspension or termination is outlined in Clause 12 below.
We reserve the absolute right at our sole discretion to reject, amend or remove any Content posted or submitted by you at any time and without notice to you. We reserve the right to monitor and to review all Content submitted to us, accessed on or published on the Website at any time. We will, where required by law, provide you with a statement of grounds upon which your use of our services has been restricted in this way.
9. Your interactions with other users
We have no obligation to verify the identity of any users when they are connected to the Website or to monitor material provided by them.
As a result of the variation in community standards and individuals sometimes choosing not to comply with our policies and guidelines, in the process of using the Website, you may be exposed to content that you find offensive or objectionable. You can report such content to us using the ‘Contact Us Form’.
Your interactions with other users, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other user.
We accept no responsibility for transactions that take place on the Website. While we reserve the right to monitor or to intervene in disputes between you and other users, we have no obligation to do so.
As with any web-based interaction, we suggest that you use caution and good judgment. If there is a dispute between you and any third party (including any advertiser), we are under no obligation to become involved.
You are encouraged to exercise discretion when providing personal information about yourself on the Website. Any personal information which you volunteer in your public profile will be available worldwide to anyone with access to the website. Please note that certain information which you may choose to provide might reveal data consisting of your racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, data concerning health or data concerning your sex life or sexual orientation.
When users are involved in a transaction, information such as each other’s name, username, email address, and other contact information, postal information and financial information may be exchanged between the users. We cannot guarantee that other users will respect the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partners before entering into transactions and choosing to share your information with them. Similarly, we ask you to respect other users’ privacy and disclose your privacy and security policies to them. In all cases, you must comply with data protection laws and give other users a chance to remove themselves from your database and a chance to review the information you have collected about them.
You may use other users’ information only in accordance with applicable laws and regulations (including, without limitation, data protection laws) and only for:
Although we cannot monitor the conduct of users offline, you must not use any information obtained from the Website in order to harass, abuse or harm another person, or in order to contact, advertise to, solicit or sell to any user or person without their prior expressive consent.
We will not disclose any contact details in respect of advertisements that have been deleted or removed in accordance with our obligations under applicable data protection laws. You can view our Privacy Policy.
10. Content standards
These provisions apply to any and all Content which you contribute to the Website and/or the KITT Service, and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Content as well as to its whole.
You are solely responsible for any Content that you submit, publish or display on the Website or transmit to other Website users.
You are solely responsible for your listings listed on the Website. You understand that all information publicly posted or privately transmitted through the Website is the sole responsibility of the person from which such content originated and that we will not be liable for any errors or omissions in any content or as a result of any user’s use of the Website. You understand that we cannot guarantee the identity of any other users with whom you may interact in the course of using the KITT Service. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves or relationships they may describe.
By posting Content on the Website, you grant to us, and you represent and warrant that you have the right to grant, us, our contractors, and the users of the Website an irrevocable, perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content. This licence is non-exclusive, except you agree that we shall have the exclusive right to exercise this license to the extent of combining your Content with the Content of other users for purposes of constructing or populating a searchable database of listings. You understand that this licence allows us to reformat, excerpt, or translate any materials submitted by you.
The following is a non-exhaustive list of the criteria that Content must comply with. Content must:
comply with applicable law in Ireland, Northern Ireland and in any country from which it is posted, including compliance with the Disability Act 2005 and the Equality Act 2004 (including all 9 grounds: the gender ground, the marital status ground, the family status ground, the sexual orientation ground, the religion ground, the age ground, the disability ground, the race ground, the traveller community ground).
The following is a non-exhaustive list of the type of Content that is prohibited on the Website. You must not:
We do not control the Content posted by users via the KITT Service, including the content of any listings, and we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Website and/or the KITT Service, you may be exposed to Content that is offensive, indecent or objectionable. You are responsible for complying with all laws applicable to the Content you submit to the Website via the KITT Service. We may refuse any KITT service in accordance with Clause 12 below. We also have the right, at our discretion, to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.
11. Additional policies
Your use of the Website and the KITT Services is subject to compliance with the following policies which provide additional terms and conditions related to specific services and features related to the Website:
12. Suspension and termination
We may immediately delete your listing and terminate your access to the KITT Service or a User Identifier without prior notice at our sole discretion. The deletion or otherwise of a listing should not be viewed as an indication of wrongdoing on the part of the seller. Business Users will be provided with a statement of reasons for termination and shall have the opportunity to clarify the facts and circumstances leading to their suspension or termination within the framework of our internal complaint-handling process, as described in more detail in Clause 19 below.
Without limiting the foregoing, the following may lead to a deletion by us of a user’s advertisement and/or termination of access to the KITT Service: (a) a breach of the User Agreement (b) a request by law enforcement, An Garda Síochána / PSNI, police or other government agencies about you or any Content that you have submitted to us; (c) a request by you (self-initiated deletion(s)); (d) unexpected technical issues or problems; and (e) extended periods of inactivity. In particular, your account with us may be terminated with immediate effect if we suspect you have engaged in any fraudulent or misleading activity on our Website. Deletion of a user advertisement and termination of access to the KITT Service may result in the removal of all Content that we may decide to delete. It may also result in preventing your further use of the Website or a User Identifier, depending on the circumstances. Furthermore, you agree that termination of the user Agreement or your use of the Website by us shall be made in our sole discretion and that we shall not be liable to you nor any third party for any termination of your account or access to the Website or removal of Content. You can view further information about how we process your data by reading our Privacy Policy.
We may review and delete any listings or other Content that in our sole judgment breach the User Agreement or which might be offensive, illegal or that might violate the rights of, harm, or threaten the safety of other users of the Website or us.
We reserve the right to investigate and we will determine, in our discretion, whether there has been a breach of the User Agreement through your use of the Website and/or the KITT Service. When a breach of the User Agreement has occurred, we may take such action as we deem appropriate.
13. Your concerns and complaints
If you have any concerns about material which appears on the Website or if you believe that Content posted on the Website breaches the User Agreement or is in any other way objectionable, please notify us through the ‘Contact Us Form’ on the Website specifying the reasons for your concern or complaint making clear reference to any connected Content.
If you do not provide us with sufficient information, we may be unable to process your complaint. We reserve the right to investigate and we will determine, in our discretion, what action (if any) to take. You are solely responsible for your interactions with other users of the Website. While we reserve the right to monitor or to intervene in disputes between you and other users, we have no obligation to do so.
Business Users should refer to Clause 19 below.
We will use all reasonable endeavours to respond to complaints received as soon as possible, and our aim is to respond to all complaints within one working day. However, please note that from time to time it may take longer than one working day to deal with complaints.
14. Disputes with third parties
You must tell us immediately if anyone makes or threatens to make any claim or issue legal proceedings against you relating to your use of the Website and/or the KITT Service. You must, at our request, immediately stop the act complained of. If we ask you to, you must confirm the details of the claim in writing. If you fail to stop the act or acts complained of we reserve the right to take any and all appropriate action against you.
15. Cancellation policy
Once your listing is posted on the Website your listing can be cancelled by going into the seller dashboard and clicking ‘selling’ ‘edit product’ and ‘delete’ as long as the item has not been sold.
16. Published listings and duration of listings
Once you have completed the process of submitting your listing we will send you an email confirming receipt of your order for the KITT Service, this email does not constitute an acceptance of your order. Your order for posting a listing on the Website will not be accepted and an agreement concluded between us and you in relation to the publication of the advertisement on the Website until the payment for the KITT Service has been received by us.
Content which comprises advertising and listing material will appear on the Website. Individual sellers are solely responsible for the content of the material which they submit to us including ensuring that it complies with relevant legislation. We accept no responsibility for the content of any individual/business and/or advertising material, including, without limitation, any error, omission or inaccuracy.
Please note that the content of the published listings are provided by external users, and do not represent any views or opinions of KITT, nor should they purport to do so.
Accordingly, we require that every care is taken by you or on your behalf in drafting the content of your listings in order to ensure that they are not in any way defamatory, illegal or in any other way harmful to a third party as you are solely responsible as author and publisher of your listing.
17. Listing terms and conditions
When creating a listing on the Website you must provide accurate, current and complete information and commit to promptly update the information that you provide to us when it changes.
Listings containing illegal, defamatory, obscene, indecent or otherwise offending material are not allowed on the Website. Duplicate listings are also prohibited.
We do not control the content of listings posted by users on the Website, and we do not guarantee the accuracy, integrity or quality of the content. You understand that by using the Website, you may be exposed to content that is offensive, indecent or objectionable without liability.
Kitt.ie is a family website so we reserve the right to review and reject any listings that we feel have an adult theme. In particular, no graphic images may be used in listings and any inappropriate content will be removed.
Listing for the sale of any substance or product deemed a ‘controlled drug’ within the following legislation (each as amended, supplemented or replaced from time to time) or whose sale is otherwise restricted by law is also not permitted on the Website:
The Misuse of Drugs Act 1977 & 1984, click here to read more.
The Criminal Justice (Psychoactive Substances) Act 2010, click here to read more.
You may not advertise or list products or services which require the vendor to hold a licence for sale or to be trained to dispense including, but not limited to, medicinal products, alcoholic beverages, tobacco products and endangered or protected animal species.
For more information on the advertising of medicinal products please visit the website of the Health Products Regulatory Authority on www.hpra.ie
Listings which are posted and are found to be in breach of our policies will be removed without prior notification and no refund will be given. Users who are found to be in violation of our policies on more than one occasion may have their account removed and their information passed to the policing authority.
18. Commercial Terms
18.1 Commercial Listing
Businesses and persons acting in the course of trade are welcome to place business listings on the Website.
Businesses and persons acting in the course of trade must select they are a business on the ‘My Profile’ page of their user account prior to placing a listing.
Listings published by businesses or persons acting in the course of trade must comply with applicable laws and it is those persons’ responsibility to do so. We will hold you responsible for any failure to comply with laws that apply to you or your content. You may need to adhere to the Consumer Protection Act 2007, the European Communities (Misleading and Comparative Marketing Communications) Regulations 2007, the European Communities (Misleading Advertising) Regulations 1988, European Communities (Protection of Consumers in Respect of Contracts made by means of Distance Communications) Regulations 2001, the European Communities (Directive 2001/31/EC) Regulations, 2003 (each as amended, supplemented or replaced from time to time) (the “Ecommerce Regulations”) and any other consumer protection legislation at the time being in force. Please note that the Website is aimed at consumers in Ireland (including Northern Ireland), but we cannot prevent you being contacted from other consumers or other third parties nor can we prevent your listing being displayed in other jurisdictions.We reserve the right to restrict/suspend the listing of certain products/services. In the unlikely event of this occurring, we will provide an explanation at least 30 days in advance. Please refer to Clause 8 and 12 for examples of the types of behaviour that may cause KITT to suspend, terminate or otherwise restrict the listing of certain products/services.
Under Regulation (EU) 2019/1150 on promoting fairness and transparency for business users of online intermediation services (“Platform to Business Regulation”) the following information is brought to the attention of Business Users of our Website.
18.2 Access to Data
Business Users have access to personal and other data through their use of the KITT platform and are required to comply with all applicable laws (including Data Protection Law) in their processing of this data. Information provided or generated by you during the course of your contractual relationship with KITT (such as details of users or statistics or copies of your correspondence with other users) will not be available once your account or access to our Website is terminated. We retain any personal data of our Business Users for a period of time in accordance with our Privacy Policy
18.3 Termination
If your account or access to our Website is terminated in accordance with Clause 12, you will have the opportunity to clarify the facts and circumstances leading to your suspension or termination within the framework of our internal complaint-handling process, as described in more detail below.
In turn, you may terminate this agreement at any time (subject to satisfaction of the relevant minimum notice period) by deleting your account on the Website.
18.4 Complaints Handling and Mediation
We aim to treat all Business Users in a fair and transparent manner. We have a designated internal-complaint-handling system available to Business Users with complaints relating to the following:
Kitt’s alleged non-compliance with any obligations in the Platform to Business Regulation, which affects the Business User lodging the complaint;
Technological issues which relate directly to the provision of our services and which affect the Business User; and
Measures taken by or behaviour of KITT which relates directly to the provision of our services and affects the Business User.
The internal complaint-handling process begins by Business Users submitting a complaint through the contact us form on the website.
The process then proceeds as follows:
You will receive an automated acknowledgement of your email once your complaint is received. A designated case officer within KITT will be assigned to your complaint and will make initial contact with you within 7 working days. Depending on the nature of the complaint alleged, the case officer may request additional supporting documents to assess your complaint.
The case officer will review and carefully consider all information provided, including whether you have complied with the KITT Terms of Use and Policies. Where the complaint relates to a restriction, suspension or termination by KITT, you will be given the opportunity to clarify the facts and circumstances leading to the restriction, suspension or termination.
Following a comprehensive review of the information provided, the case officer will communicate his/her preliminary decision to you 30 business days after receipt of all requested information. You will be provided with an opportunity to review and provide your comments on the preliminary decision.
We will consider any feedback and then proceed to issue a final decision in relation to your complaint.
If your complaint is relating to a refund you can utilise Paypal’s refund and dispute resolution.
19. Fair usage policy
To ensure the best browsing experience for our users, your potential buyers, we ask that you only create one listing per item/product.
We only allow one item/product per listing. This ensures that your products appear in the correct search and helps them sell quicker. Your listing may be removed if:
This will make it easier for a potential buyer to find the item you wish to sell. It will also make it easier for the listing to be removed when the item is sold. If this policy is not complied with, we reserve the right to remove the offending listing(s) from the Website without notice to you and without refund.
20. Reporting breaches
Please use the ‘Report this Listing’ mechanism which we have placed on the Website to report any listing that is in breach of the User Agreement, illegal or in any other way objectionable.
21. Standards
All listings must adhere to the ‘Code of Advertising Standards’ of The Advertising Standards Authority for Ireland in addition to the standards set out in the Agreement.
22. Responsibility
You are solely responsible for the Content appearing in any of your listings and for the goods or services sold following advertisement of your listing. We are not responsible for the goods or services appearing on the Website that you advertise or purchase, nor are we responsible for the Content appearing in any of the listings. To the fullest extent permitted by law we disclaim any and all liability in respect of any claim arising from any reliance placed on the Content of any listing by any user of the Website or any claims arising in respect of any goods or services to which the Content relates.
23. Consequences for failure to comply with the Agreement
Failure by you to comply with the User Agreement may result in our taking all or any of the following actions:
We exclude liability for actions taken in response to breaches of the Terms of Use. The responses described above are not exhaustive and we may take any other action we reasonably deem appropriate. Please see Clause 12 above for examples of circumstances that would be deemed to be a breach of the User Agreement which may give rise to termination or suspension and our rights and obligations in that regard.
24. Refund policy
Where listings or other Content are rejected and/or removed from the Website by us, it is our policy NOT to issue refunds. If you have any doubts about the suitability of a proposed listing, please contact us at hello@kitt.ie in advance of placing the listing for appropriate guidance.
25. Intellectual property
The Website and the KITT Service (including, but not limited to, text, images, photographs, graphics, video and audio Content) are protected by copyright. All individual listings, advertisements, Content and other elements comprising the Website and the KITT Service are also protected by copyright. Except for the Content that you submit (“User Content”), all intellectual property rights (including copyright, design rights and trademarks) in the Website, Content, User Identifiers and the KITT Service (“Protected IP”) are owned by us or third parties who permit the use of the Protected IP on the Website. Save for any User Content, the design of the Website and all information contained on the Website is proprietary to us and other third parties (as applicable). You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on the Website, or the KITT Service in whole or in part except as expressly provided. Except as expressly and unambiguously provided in these Terms of Use, we and our advertisers, licensors or suppliers do not grant you any express or implied rights to use any Protected IP, and all rights in any Protected IP not expressly granted to you are reserved .
For the purposes of Part II, Chapter 7 of the Copyright and Related Rights Act 2000 (as amended) and an equivalent rights under the laws of any other jurisdiction, to the extent you may have any moral rights in any Content (including User Content), you confirm and agree that: (a)you have no objection to the publication, use, modification, deletion and exploitation of the Content by us or our licensees, successors and assigns; and (b) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content.
We are the proprietor of the Irish trade mark kitt.ie. All products or services mentioned on the Website are the trademarks of their respective owners, and other trademarks may be displayed on the Website from time to time. Nothing displayed on the Website should be construed as granting you any license or right of use of any logo, information or trademark displayed on it, without the express written permission of the relevant owner, except as expressly provided in the Terms of Use.
You may reproduce material from the Website for your own personal, non-commercial reference and you may draw the attention of others to material posted on the Website. Reproduction of material from the Website for other purposes is permitted, provided that the source of the material is acknowledged and subject to the following exceptions. In particular, you must not cache any of the contents for access by third parties, nor mirror, scrape or frame any of the content of the Website, nor incorporate it into another website without our express written permission. You may also permit your computer to make an electronically stored, transient copy of the content on the Website for the purposes of viewing it while connected to the internet only.
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, or any graphics separately from any accompanying text.
Our status (and that of any partners, advertisers or third parties identified on the Website) as the authors of material on the Website must always be acknowledged by you.
You must not use any part of the Content on the Website for commercial purposes without obtaining a licence to do so from us.
If you print off, copy or download any part of the Website in breach of the User Agreement, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials that you have made.
26. Disclaimer of liability
The Website and the KITT Service are provided on an ‘as is’ basis only. You may not rely on any Content and/or other material on the Website and/or the KITT Service to make (or refrain from making) any decision or to take (or refrain from taking) any action on which reliance should be placed. We disclaim all liability (whether in contract, tort or otherwise) arising out of or in connection with any reliance placed on such Content and/or materials by any user of the Website and/or the KITT Service, or by anyone who may be informed of any of the Content. We accept no responsibility for keeping the information in the Website and/or the KITT Service up to date or complete or liability for any failure to do so.
The Content and other material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we expressly exclude:
all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
any liability for any 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, any direct or any indirect or consequential loss or damage incurred by any user in connection with the Website and/or KITT Service or in connection with the use, inability to use, or results of the use of the Website and/or KITT Service, any websites linked to it and any materials posted on it however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Nothing in these Terms of Use shall exclude or limit our liability in relation to any damages arising from death or personal injury caused by the negligence of kitt.ie or for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability, which cannot be excluded or limited under applicable law.
We shall not be liable for any failure to perform any of our obligations under the User Agreement caused by matters beyond our reasonable control. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred because of the use of, access to, or denial of access to any Content on the Website.
Although we make all reasonable endeavors’ to ensure that the Website is free from viruses and defects, we shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, malicious or impairing computer programs or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website and/or KITT Service or to your downloading of any material posted on it, or on any website linked to it.
We do not guarantee the security of the online services or any systems connected with the use of the Website (including the internet and your hardware and software) used in accessing the services, or any information passed through such systems. We do not guarantee access to the Website or any systems used in accessing our services will be continuous or virus or error free.
Any material downloaded or otherwise obtained using the Website is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us or through or from the Website shall create any warranty not expressly stated in the User Agreement.
27. Indemnity
You shall indemnify and keep us, our holding company and subsidiaries (each as defined in the Companies Act 2014) and our and their respective officers, directors, shareholders, employees, agents, licensors and suppliers (each an “Indemnified Person”) indemnified on demand from and against all judgments, awards, penalties, settlements, fines, costs and expenses (including without limitation, reasonable legal and accounting fees) suffered or incurred by an Indemnified Person and arising out of or in connection with any of the following:
any breach of the User Agreement;
Your access to or use of the Website, the Content or the KITT Service in a manner that infringes or is alleged to infringe any applicable law or the rights (including, without limitation, the privacy or intellectual property rights) of any other person.
28. Disclaimer of endorsement
Content on the Website referring to any products by trade name, trademark, and manufacturer or otherwise, does not constitute or imply its endorsement, recommendation or validation by us. We have not independently verified the accuracy of any description of any goods or services listed on the Website. The views, opinions and other Content posted by users on the Website are not ours, shall not be attributed to us by you and shall not be used by you for any advertising or product endorsement purposes unless we expressly authorize it. We are not responsible or liable for the performance of these products or the quality thereof.
29. Links to the Website
You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, sponsorship or endorsement on our part without our express written permission or in order to directly compete with the Website and redirect traffic from it. You must not establish a link from any website that is not owned by you.
We reserve the right to withdraw linking permission without notice. The Website (in whole or in part) must not be framed on any other website or in any other way altered or displayed in a different manner to the manner which we display it.
If you wish to make any use of material on the Website other than in the manner permitted by these Terms of Use including as set out above please contact us at hello@kitt.ie.
30. Links from the Website
Where the Website contains links to other websites and resources provided by sellers/advertisers using the Website or other third parties, these links are provided for your information only. We have no control over the contents of those social media accounts, websites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you link to any such websites, you leave the Website and do so entirely at your own risk.
31. Contact from Us
In the course of providing you services and in respect of your use of the Website, we may need to communicate with you via email or the other details that you have submitted to us. You agree to receive emails, which are specific to your order and necessary for the normal functioning of the Website, including emails, which help inform users about functionality of the Website. You can read more information about this in our Privacy Policy.
32. Privacy and Cookies Policy
Your privacy is important to us. Please review our Privacy Policy to see how we collect, protect, process and use your personal data. The website also uses cookies and by using the Website, you agree to the placement of cookies. To learn more about the cookies we use and how to manage them please review our Cookies Policy.
Any external links to other websites are clearly identifiable as such, and we are not responsible for the content or the privacy or cookie policies of these other websites.
33. Governing law and jurisdiction
The User Agreement, and any non-contractual obligations arising out of or in connection with the User Agreement are governed by, and shall be construed in accordance with, Irish law, and the courts of Ireland shall have exclusive jurisdiction to hear, settle and determine any dispute which may arise out of or in connection with the User Agreement save that retain the right to bring proceedings against you in your country of residence or any other court of competent jurisdiction. Further information on the dispute resolution process for Business Users is outlined in Clause 19 above.
34. Waiver, Rights Cumulative
A failure to exercise or delay in exercising a right or remedy provided by the User Agreement or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by the User Agreement or by law prevents further exercise of that right or remedy or the exercise of another right or remedy. The rights and remedies contained in the User Agreement are cumulative and not exclusive of rights or remedies provided by law.
35. Severability
If the whole or any part of a provision of the User Agreement is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect the legality, validity or enforceability under the law of that jurisdiction of the remainder of the provision in question or any other provision of the User Agreement and the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of the User Agreement.
36. Assignment and entire agreement
We may assign or subcontract any or all of our rights and obligations under the User Agreement with you to a third party at any time, at our discretion. You may not, without our prior written consent, assign or dispose of any of your rights or obligations arising under the User Agreement.
By agreeing to the User Agreement, you are also agreeing to the transfer of, by way of novation, all respective rights and obligations outlined in this document.
The Terms of Use and the Policies contains the entire agreement and understanding between the parties relating to the Website and the KITT Service, and supersedes all prior agreements, arrangements, statements and understandings, except for any fraud or fraudulent representation by either you or us. In the event of any inconsistency between any Policy and the Terms of Use, then the Terms of Use shall take priority.
37. Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback and other information about the Website and/or the KITT Service provided by you to us are non-confidential and may be used by us at our discretion.
