Last update: 19 May 2020
1. WHO WE ARE
The Website is operated by Kinetica Sports Nutrition, part of Boyne Valley Unlimited Company, a company incorporated under the laws of Ireland, with company registration number 24499 and registered address at Platin Road, Drogheda, Co. Meath (“we”, “us” or “our”). Our VAT number is IE8J18478E.
You can contact us by emailing us at customersupport@KINETICA-SPORTS.COM or by telephoning us at +353(0) 41 987 0300.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
2. APPLICABLE TERMS
Our Data Protection Policy is available here
4. YOUR RESPONSIBILITIES
a) If you are a consumer user, you acknowledge that we only provide the Website for private and domestic use. You agree not to use the Website for any commercial or business purposes.
b) When using and accessing the Website, you must comply with all applicable laws.
c) You must have access to the internet or other network service in order to access or use the Website. It is your responsibility to select, obtain and pay for internet and network access (including excess charges if you exceed any data caps) and any equipment, internet access or services necessary for such internet or other network access and to comply with the terms and conditions of the relevant service providers. We are not responsible for the failure of such internet or network services. You acknowledge that the quality and bandwidth of your internet or network service will affect the quality and speed of access to and use of the Website.
d) You are responsible for making all arrangements necessary for you to have access to or use of the Website and for ensuring that your device and software meets the minimum specifications and is configured correctly. You should use your own virus protection and firewall software. You are solely responsible for regularly backing-up your content and data used in connection with the Website.
f) By using the Website, you acknowledge that the transmission of data over the internet can never be completely secure and you accept the risk that others may be able to read or intercept any of your content or other information, text, media, graphics you submit or send to or through the Website. This includes transmissions that are identified as secure or encrypted.
5. AMENDING THESE TERMS
6. CHANGES TO THE WEBSITE
7. SETTING UP AN ACCOUNT
a) You need to register a user account to access or use certain features of the Website.
b) Your account is subject to following:
(i) you must be at least 18 years old and resident in the Republic of Ireland or the UK (including Northern Ireland).
(ii) any personal information you provide must be accurate, up-to-date and truthful and you must keep such information up-to-date; and
(iii) you are solely responsible for all activity on your account or anything that happens using your user ID or password.
8. ACCOUNT SECURITY
When you register your account with us, you will be provided with a user ID. You should treat your user ID and password as secure and confidential. You are responsible for keeping this information safe and must not disclose it to any third party. If you know or suspect any unauthorised use of your account, user ID, password, or of any other security breach you must immediately contact us.
9. INTELLECTUAL PROPERTY
You must not alter, reproduce, republish, sell, disseminate, distribute, transmit, broadcast or commercially exploit any part of Our Content or the design or look and feel of the Website, unless we agree in writing in advance. You may not store, link, frame, scrape or deep-link Our Content on any other website or app or in any other medium or format unless we agree in writing in advance.
You must always acknowledge our status and that of any identified contributors as the authors of material on our site.
We are entitled to investigate any suspected or actual improper, illegal, or unauthorised use of Our Content or the Website (or any part of it) and we are entitled to take any legal action we deem appropriate.
10. THIRD PARTY TOOLS & CONTENT
The Website may include content or tools from third parties. We do not monitor or have any control or input over these content or tools. We provide access to these content and tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We are not responsible or liable for the availability or accuracy of these content or tools, for your use of these tools and content, or for any dealings you may have with any third party in connection with or as a result of these content or tools. Any use by you of tools or content offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which any content or tools are provided by the relevant third party provider(s).
11. LINKS TO THIRD PARTIES
Certain information, products and services available through our Website may include materials from third parties. The Website may also contain links to third party websites that are not affiliated with us. These links are provided for your convenience only and do not amount to an endorsement of any information or materials contained on those sites. We are not responsible for examining or evaluating and have no control over the information, products, services or materials on or available from third party websites, or their availability or accuracy. We do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties. You access these at your own risk.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. You should carefully review the third party's policies and practices and make sure you understand them before you engage in any transaction. You must direct any complaints, claims, concerns, or questions regarding third-party products to the relevant third party.
12. LINKING TO THIS WEBSITE
You may link to the Website homepage only if you do so in a manner that is fair and reasonable and that does not harm our reputation and does not take advantage of it. You may not link in such a manner as to suggest any form of association or approval on our part, unless you have received our prior written approval. You must not frame the Website on any other website, and you must not create a link to any part of the Website other than the home page. We may withdraw our permission to any linking permission at any time without having to give prior notice.
13. ACCEPTABLE USE
You must not (and you must not to allow anyone to) access or use the Website, any of our products or services or any of Our Content for any of the following purposes:
a) in violation of any applicable law;
b) for any unlawful, fraudulent or malicious purpose or effect;
c) for the purpose of harming or attempting to harm children in any way;
d) to promote illegal activity or violence;
e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
f) to submit false or misleading information;
g) in any way that violates any law or infringes the rights (including the privacy or intellectual property rights) of us or anyone else;
h) interfering or disrupting any networks or websites connected with the Website or interfering or disrupting any other person's use of the Website;
i) attempting to gain unauthorised access to the Website, any part or feature of the Website, or any servers, equipment, software, systems or networks associated with the Website;
j) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or any other services, websites or the internet;to collect or track the personal information of others or to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form or similar solicitation (‘spam’); or
k)for hacking into or inserting malicious code, such as viruses, or harmful data, into the Website, or any other network or system.
You agree not to circumvent the security features of the Website or reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, use of the Website, or access to the Website or any contact on the Website through which any of our products or services is provided, unless you first receive our express written permission.
We are permitted to suspend or terminate your right to use of the Website or any related services if you violate this paragraph 13.
14. FEEDBACK, REVIEWS & OTHER CONTENT
Feedback: If, at our request, you submit specific materials to us (for example competition entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “feedback”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any feedback that you forward to us. We are under no feedback (a) to maintain any feedback in confidence; (b) to pay compensation for any comments; or (c) to respond to any feedback.
Reviews: If you submit a product review on our Website, you should focus on your personal experience of using the product and provide us with a description of what you liked or disliked about the product. We do not have to post your review if it contains inappropriate language, hateful, defamatory or objectionable material.
Comments: You agree that any feedback, reviews or other content you submit (collectively, “comments”) must: (a) not violate the rights of any third party (including intellectual property rights); (b) not contain libellous or otherwise unlawful, abusive or obscene material; and (c) not contain any computer virus or other malware that could in any way affect the operation of the Website or any related services or website. You are solely responsible for any comments you make and their accuracy. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. We take no responsibility and assume no liability for any comments posted by you or any third party.
15. OUR LIABILITY
You should read this clause carefully as it excludes and limits our legal liability in connection with your use of the Website to the fullest extent permitted by applicable law.
The Website has not been developed to meet your individual requirements. We provide the Website for general information purposes only and you should not rely on results or information obtained from the Website or use it as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Website is at your own risk. We aim to ensure that the Website and Our Content is accurate at the time of publication, however, the Website or its content or features may change from time to time and we are not responsible if information made available on this site is not accurate, complete or current. We do not guarantee, represent or warrant that your use of the Website will be uninterrupted, timely, secure or error-free. To the extent allowed by applicable law, the Website and Our Content are provided on an ‘as is’ and ‘as available’ basis and without any warranties, undertakings or representations (whether express, implied or statutory), whether with respect to merchantability, fitness for a particular purpose, non-infringement, title, availability, compatibility, security or accuracy.
To the fullest extent allowed by applicable law, we and our affiliates and business partners and our and their respective directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors, are not liable for:
a) any direct, indirect or consequential loss or damage; or
b) any loss, corruption or damage to equipment, property or systems; wasted management or office time; any business interruption; or any loss of profits, income, revenues, goodwill or reputation, data, contracts, opportunity, business or anticipated savings, or any similar damages; or
c) any other loss or damage of any kind, however arising and even if foreseeable,
We do not exclude or limit in any way our liability for any fraud or fraudulent misrepresentation or in any other way that is not allowed under applicable law.
To the fullest extent allowed by applicable law, you will indemnify and keep us and our affiliates and business partners and our and their respective officers, directors, shareholders, employees, agents, licensors and suppliers (each an "indemnified person") indemnified, on demand, from and against all losses, liabilities, damages, judgments, awards, penalties, settlements, fines, costs and expenses (including reasonable legal fees) suffered, incurred or paid out by an indemnified person that arise out of or in connection with: (a) any violation of the Terms by you; (b) any claim by any third party that your use of the Website infringes or is alleged to infringe any applicable law or regulation or the legal rights (including the privacy or intellectual property rights) of any other person; (c) any fine or penalty imposed by any regulator or other body or authority in connection with your use of the Website.
17. SUSPENSION & TERMINATION
We may, at any time, limit, suspend or withdraw the availability of all or any part of the Website. For example, we may need to do this for business and operational reasons or to address security issues or changes in law. We will try to give you prior reasonable notice of any limitation, suspension or withdrawal. We are not liable to you or to any third party for any modification, suspension or discontinuance of the Website.
18. DATA PROTECTION
We will use your personal information as set out in our Data Protection Policy.
c) We are not responsible or liable for any failure, breach or delay caused by circumstances outside of our control.