Terms and Conditions

These terms of use (“Agreement”) are between Kelvin Design Limited, a company registered in Scotland with company number SC571401 and registered address 272 Bath Street, Glasgow, G2 4JR, UK (“Kelvin Design”, “we” or “our”) and you and govern your use of the Kelvin Design Platform and access to the Services.

In this Agreement, the defined terms listed below shall have the following meanings:

Additional Subscription Period(s) – the time period(s) for which you continue to subscribe for Services after your Minimum Term has expired, and which shall have the same duration as your Minimum Term

Affiliates – any entity that directly or indirectly controls, is controlled by, or is under common control with another entity

Company Website – means a website that promotes your services and may be licensed to you by Kelvin Design as part of the Paid For Services

Data Protection Laws – and all applicable EU laws and regulations governing the use or processing of personal data, including European Union Regulation 2016/679 and any national laws implementing or supplementing the foregoing

Domain Name – any domain name that may be offered to you as part of the Services

Intellectual Property Rights – patents, rights to inventions, copyright and related rights, moral rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world

Leads – any third party who contacts you as a result of the Services by any channel which may include, without limitation, telephone calls, SMS, emails and booking requests on the Company Website, irrespective of whether such enquiries result in purchases

Minimum Term – the minimum length of time that you have agreed to purchase the Services as set out on the Order Summary

Subscription Period(s) – after your Minimum Term has finished, unless otherwise notified to you in your Order Form, your Services will be provided on a monthly basis from the day after the Minimum Term finishes. So if your Minimum Term finishes on the 6th January, your Subscription Period will run from the 7th of January until the 6th February and continue monthly until you cancel

Order Summary – the Order Summary that was emailed to you which explains the package you have subscribed for, the price, the Start Date and the Minimum Term

Other Digital Accounts – any third party accounts that may be managed by Kelvin Design as part of any Services, including (but not limited to) Google My Business, Facebook for Business, Bing, Google AdWords, Facebook advertising and Bing Ads

Services – includes any services which are provided to you by Kelvin Design as set out in your Order Summary, which may include, without limitation, the building and hosting of your Company Website, provision of content on the Company Website, the Domain Name and any content created by Kelvin Design for Other Digital Accounts

Referral Credit – any credit that may be applied to your account for recommending third parties who use the Services

Service Provider – a third party business that is promoting its products or services on the Kelvin Design Platform

Start Date – the date at which your Services start, which shall be the date specified on the Order Summary

Kelvin Design Platform – the technology platform owned by Kelvin Design and its licensors that provides all Kelvin Design managed websites and applications, including, if applicable, your Company Website, and enables the management of such websites

User Data – personal data (as defined in the Data Protection Act 1998) that is collected on the Kelvin Design Platform from end users

1. SERVICES

1.1 Kelvin Design agrees to provide you with access to any Services, as set out in the Order Summary, subject to the terms of this Agreement.

1.2 Unless you are on our free Starter Plan, you agree to pay for the Services from the Start Date for the Minimum Term at the rate set out in the Order Summary. In the case of an annual plan, you agree to pay for the Services from the Start Date for the Minimum Term of one year. To ensure the uninterrupted supply of 3rd party

services such as your domain name, we will charge you for the renewal of next year’s annual plan at the end of month 11 of your current plan. Your plan will still run for 12 months. The Services provided are customised to meet your requirements and Kelvin Design will not provide any refunds unless the Services are not provided in accordance with this Agreement.

1.3 At the end of the Minimum Term, any Services that you pay for will automatically renew for Additional Subscription Periods until you provide notice to terminate in accordance with clause 1.4.

1.4 You can cancel or downgrade any Services at the end of the Minimum Term or any then current Additional Subscription Period before such period is due to expire. You must request to cancel or downgrade via the link on the Subscriptions page of your Kelvin Design Business Hub. Cancellation requests submitted via email will not be honoured. You are not entitled to cancel or downgrade any Services before the end of the Minimum Term or any then current Additional Subscription Period due to a change in your circumstances.

1.5 You are able to add additional Services or upgrade at any time through your Kelvin Design Customer Service Tea. To login please click here. Please contact help@kelvindesign.co.uk for more information. If you would like to transfer an existing domain name to Kelvin Design then this can be managed as an additional service, subject to payment of a fee.

1.6 We may adjust the price of the Services at any time after the expiry of your Minimum Term on 1 month’s written notice.

1.7 If you qualify for a Referral Credit, you will be notified of the details of your credit by email and this will be applied to your next Subscription Period.If you cancel the Services before the Referral Credit has been applied then the Referral Credit shall automatically expire.

1.8 All payments are processed by third payment processors including Paypal, Stripe and their global affiliates. We do not hold any credit or debit card details.You agree to provide our third-party payment processors with valid credit or debit card details and authorise them to store your information in accordance with their privacy policies and bill you according to the payment terms set out in your Order Summary and thereafter at the start of each Subscription Period or for other Services that you may purchase from Kelvin Design.

1.9 If you fail to pay any charges when they fall due or request to cancel your account before the expiry of your Minimum Term then the total amount payable for the full duration of the Minimum Term will become immediately payable and we may suspend the provision of any Services until such monies are received. Interest will be charged on overdue payments at an annual rate equal to 8% over the Bank of England’s prevailing base rate.

1.10 All prices quoted are exclusive of any sales taxes.

1.11 Kelvin Design may alter the Services from time to time. If such changes materially reduce their functionality, Kelvin Design will notify you by email and you may provide notice within 30 days of the notification to cancel the Services with immediate effect, even if you are still within the Minimum Term.

1.12 The Start Date for the Services is the date you placed your order and you will be liable to pay for any Services as set out in your Order Form from the Start Date, whether or not you have provided Kelvin Design with all the required information to set up the Services.

1.13 Invoices will be stored electronically on www.kelvindesign.co.uk. You can view and download these at any time from your Business Hub or we can email you invoices on request.

1.14 If you have signed up to a promotional offer (as stated on your Order Summary) then this shall be subject to any payment terms and restrictions as stated on your Order Summary. Kelvin Design reserves the right to limit Promotional Offers to any businesses or categories of business at its discretion and to withdraw any promotional offers without notice.

1.15 Kelvin Design cannot guarantee that the Domain Name that you would like to purchase will be available through Kelvin Design. If you have secured a Domain Name from Kelvin Design then you must ensure that you pay any renewal fees to Kelvin Design promptly to avoid losing the Domain Name.

2. LICENCE

2.1 You grant Kelvin Design and our affiliates a non-exclusive, worldwide, perpetual, transferable and sub-licensable right to use, copy, modify, distribute, publish, and process any content:

2.1.1 you upload to the Kelvin Design Platform; or

2.1.2 that you have uploaded to other websites, such as Facebook, Google My Business and Yelp (and you hereby provide your consent to Kelvin Design utilising your content from such websites for the sole purpose of providing the Services); and

2.1.3 relating to your business on the Kelvin Design Platform.

2.2 If you are paying for Services, you also grant Kelvin Design a licence to manage your Other Digital Accounts for the purposes of promoting your business and to act as an agent on your behalf in binding you to the terms and conditions of your Other Digital Accounts. Such licence and agency relationship will continue after termination of this Agreement until you have assumed ownership of such accounts or they have been deleted by Kelvin Design pursuant to clause 9.6. You confirm that you will comply with the terms of use of all Other Digital Accounts that we set up on your

behalf and manage for you as part of theServices. You acknowledge that, where we manage your Other Digital Accounts, the content published on such platforms is managed by third parties and maybe outside of the control of Kelvin Design.

2.3 If you are paying for Services, Kelvin Design may licence you a Company Website and / or a Domain Name. Kelvin Design is the registrant of the Domain Name.

2.4 If you are paying for Services and you have signed up to listings management as part of the Services (as stated in your Order Summary), you confirm that your listings information (i) does not contain any viruses, spyware or other harmful code or materials, (ii) constitutes a “primary” source of the information, i.e. that you have officially approved it as the authorized representative of the location, and (iii) is current and accurate.

3. WARRANTIES

3.1 You make the following warranties to Kelvin Design:

3.1.1 you are at least 18 years of age and have the right to enter into this Agreement;

3.1.2 you will not attempt to circumvent security, reverse engineer or interfere with the proper working of the Kelvin Design Platform or Other Digital Accounts;

3.1.3 you will keep any password to access the Kelvin Design Platform secure and be responsible for any unauthorised access as a result of a third party obtaining your password;

3.1.4 any content you upload to Kelvin Design and your use of any Domain Name shall not be defamatory, indecent or illegal or breach the Intellectual Property Rights of any third party and shall be

accurate and up-to-date and in accordance with all applicable legal obligations;

3.1.5 other than in relation to any Services that you have purchased, you will not use the Kelvin Design Platform for commercial purposes;

3.1.6 you will not abuse the booking system of Service Providers available on the Kelvin Design Platform;

3.1.7 you will ensure that all User Data made available to you from your Company Website is stored and managed in accordance with all applicable data protection laws and our Privacy Policy .

3.1.8 you will not sell or licence, or attempt to sell or licence, access to the Kelvin Design Platform or Services without our written consent; and

3.1.9 you have the legal right to set up an account for the business that you are representing.

4. INDEMNITY FROM CUSTOMER

4.1 You shall defend, indemnify and hold harmless Kelvin Design against any claims, actions, proceedings, losses, damages, expenses and costs (including, without limitation, court costs and reasonable legal fees) arising out of or in connection with your use of the Kelvin Design Platform, any Services including, without limitation, any Domain Name, or your breach of the warranties set out in clause 3 of this Agreement.

5. DISCLAIMER

5.1 EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, NEITHER Kelvin Design OR ITS AFFILIATES OR SUPPLIERS MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE Kelvin Design PLATFORM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR NON – INFRINGEMENT.Kelvin Design CANNOT BE RESPONSIBLE FOR THE QUALITY OF THE LEADS YOU RECEIVE THROUGH THE PAID SERVICES OR WHAT PROPORTION WILL CONVERT TO PAYING CUSTOMERS. REFUNDS WILL NOT BE PROVIDED IN THE EVENT THAT THE NUMBER OR QUALITY OF LEADS YOU RECEIVE THROUGH THE PAID SERVICES DOES NOT MEET YOUR EXPECTATIONS.

5.2 Kelvin Design cannot guarantee the continuous, uninterrupted or error – free operability of the Kelvin Design Platform or that it will be free from computer viruses or similar threats.There may be times when some or all features of the Kelvin Design Platform become unavailable(whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by Kelvin Design, in Kelvin Design’s sole discretion, without notice.Kelvin Design will not be liable to you or any third party for any unavailability, modification, suspension of any elements of the Kelvin Design Platform or for any loss or damage as a result of computer viruses or similar threats.

5.3 Kelvin Design takes all appropriate measures to ensure that the content on the Kelvin Design Platform is accurate, complete, legal and not misleading or offensive. However, we do not review content provided by users and are not responsible for such content. If you come across any content that breaches these principles, please notify us by writing to us at help@kelvindesign.co.uk . We reserve the right to remove or edit any content at any time without notice.

5.4 You are responsible for deciding if you want to access third party sites that link from the Kelvin Design Platform. Third party sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we

would not. Kelvin Design is not responsible for third party sites and you should use them at your own risk.

5.5 Kelvin Design may require access to your Other Digital Accounts on your behalf in order to provide certain Services. You acknowledge that you have separate agreements with the service providers managing your Other Digital Accounts and you are solely liable under such agreements. Kelvin Design does not accept any responsibility or liability for their platforms, features, terms or policies, or the accuracy of any content relating to your business that may be available on their sites.

6. CAP ON LIABILITY

6.1 Nothing in this agreement excludes Kelvin Design’s liability to you for death or personal injury caused by Kelvin Design’s negligence or for fraud or fraudulent misrepresentation.

6.2 Subject to clause 6.1, Kelvin Design shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential losses, or for any loss of profit (including by way of example and without limitation, loss of profit a result of your business not showing on a search engine), loss of revenue, contracts, data, goodwill or other similar losses, arising under or in connection with your use of the Kelvin Design Platform or any Services.

6.3 Subject to clause 6.1, Kelvin Design’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to the total amount paid by you for any Services during the 12 months immediately preceding the date on which the claim arose.

7. BOOKING SERVICES & CUSTOM MESSAGES

7.1 If you use the Kelvin Design Platform to request a booking with or to send a message to a Service Provider then your contact details will be passed to the Service Provider in accordance with our Privacy Policy .

7.2 Any goods or services that you may agree to purchase from a Service Provider (including via a payment link on the Kelvin Design Platform) are agreed directly between you and the Service Provider and you will make any payments to the Service Provider or its payment processor directly. Kelvin Design is not responsible or liable to you for such goods or services.

7.3 You should check all details and any restrictions relating to goods and services before making a booking request or a purchase and ensure that you notify the Service Provider of any conditions that might be relevant to the provision of the services.

7.4 All services listed on the Kelvin Design Platform are subject to the availability of the Service Provider. Price information listed may be inaccurate and you should confirm this directly with the Service Provider prior to booking any services or purchasing any goods.

7.5 You should contact the Service Provider directly if you have any complaints regarding the services provided to you.

8. DATA PROTECTION

8.1 The management and use of all User Data is governed by our Privacy Policy .

8.2 Subject to clause 8.1, Kelvin Design shall own all User Data and may use it for any purpose set out in our Privacy
Policy notwithstanding the termination of this Agreement for any reason. Kelvin Design gives you the right to use User Data collected via your Company Website to the extent needed for you to provide your goods and services.

9. TERMINATION

Subject to clause 9.2 below, either party may terminate this Agreement on 1 month’s written notice to the other.

9.1 Clause 9.1 shall only apply where you have not purchased Services or where you have purchased Services but the Minimum Term will have expired within 1 month of serving notice to terminate.

9.2 Kelvin Design reserves the right to cease providing Services to you with immediate effect if it considers, in its sole discretion, that you are acting in violation of its policies or the products or services offered on your Company Website are not supported by Kelvin Design. Either party may terminate this Agreement with immediate effect if: (i) the other party is in material breach of the Agreement; or (ii) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety days.

9.3 If the Services are cancelled by either party or this agreement is terminated then the rights and licences granted to you under this Agreement, including your licence to the Company Webpage and the Domain Name, will be terminated with immediate effect.

9.4 Prior to the termination of this Agreement, you may elect for the registration of the Domain Name to be transferred to you, subject to payment to Kelvin Design of a transfer fee.

9.5 In the event that we are managing your Other Digital Accounts as part of any Services, on termination we may, at our discretion,

either delete such accounts, transfer them to you, or leave them as is.

10. MISCELLANEOUS

10.1 Kelvin Design may revise this Agreement from time to time. The most current version will always be posted on our website. Any material changes will be notified to you by email if you have a Kelvin Design account.

10.2 This Agreement, including the Order Summary, supersedes any prior agreements between us and constitutes the entire Agreement related to this subject matter. If there is a conflict between this Agreement and the Order Summary, the Order Summary shall take priority.

10.3 If you have any questions or issues with this Agreement or the quality of your Services please contact Kelvin Design at help@kelvindesign.co.uk or through the notice procedures in clause 10.7.

10.4 Kelvin Design will not be liable for inadequate performance to the extent caused by a condition that was beyond its reasonable control (for example natural disaster, act of war or terrorism, riot, labour condition, governmental action and Internet disturbance).

10.5 The terms and conditions of this Agreement including the price of any Services, will be considered the confidential information of Kelvin Design, and you will not disclose this information to any third parties.

10.6 You may not assign or transfer this Agreement or any rights or obligations under this Agreement without Kelvin Design’s written consent. Kelvin Design may assign this Agreement or any rights or obligations under this Agreement to an Affiliate or in connection with a merger, acquisition, corporate reorganisation or sale.

10.7 Notices can be sent by email, post or hand delivery and are deemed given when received.Kelvin Design’ s address for notices is legal@kelvindesign.co.uk and Legal Department, Kelvin Design Limited, 272 Bath Street, Glasgow, G2 4JR, UK.

10.8 Unenforceable provisions will be modified to reflect the parties’ intention and only to the extent necessary to make them enforceable, and the remaining provisions of the Agreement will remain in full effect.

10.9 If Kelvin Design fails to enforce, or delay in enforcing, any of Kelvin Design’s rights under these terms, that does not result in a waiver of the rights concerned.

10.10 No terms are enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to this Agreement.

10.11 This Agreement is governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales.

11. REFUND POLICY

11.1 As a new customer, you may request a refund within 30 calendar days of the Date of Purchase for any reason. The Date of Purchase is defined as the date you have purchased the Custom Development Deal. The Refund Period is defined as the 30-day period from the Date of Purchase.

11.2 You must complete a questionnaire about your business in order for Kelvin Design to be able to create your business website. If you have not completed the questionnaire, you will not receive a business website. You may request a refund at any time within the Refund Period whether or not you have completed the questionnaire and/or received the business website.

11.3 Subject to clause 11.4, you are ineligible for a refund after the Refund Period, irrespective of whether you have completed the questionnaire and/or received the business website. Failure to complete the questionnaire required for Kelvin Design to build the business website does not automatically extend the Refund Period. Outside the Refund Period, all sales are final and non-refundable.

11.4 If Kelvin Design has not delivered the website within 7 days of your completing the questionnaire, then Kelvin Design will extend the Refund Period according to the number of days Kelvin Design was delayed. For example, if Kelvin Design delivered your business website 8 days after you completed the questionnaire, then your Refund Period would be extended by 1 day.

11.5 Subject to clause 11.1, if you have purchased the Custom Development Deal and no optional recurring plan subscription, then the refund shall be issued in full.

11.6 Subject to clause 11.1, if you have purchased the Custom Development Deal plus an optional recurring plan subscription, then the refund shall include the full amount of the Custom Development Deal plus the value of the recurring plan subscription less the cost of the custom domain name if one has been selected. If no custom domain name has been selected, then the recurring plan subscription shall also be refunded in full.

Last Update 22 August 2021

1. Account Terms

To access and use the Services, you must register for a Kelvin Design account (“Account”). To complete your Account registration, you must provide us with your full legal name, business address, phone number, a valid email address, and any other information indicated as required. Kelvin Design may reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion.
You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
You confirm that you are receiving any Services provided by Kelvin Design for the purposes of carrying on a business activity and not for any personal, household or family purpose.
You acknowledge that Kelvin Design will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you (“Primary Email Address”). You must monitor the Primary Email Address you provide to Kelvin Design and your Primary Email Address must be capable of both sending and receiving messages. Your email communications with Kelvin Design can only be authenticated if they come from your Primary Email Address.
You are responsible for keeping your password secure. Kelvin Design cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
Technical support in respect of the Services is only provided to Kelvin Design Users. Questions about the Terms of Service should be sent to Kelvin Design Support.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Kelvin Design.
You agree not to work around, bypass, or circumvent any of the technical limitations of the Services, including to process orders outside Kelvin Design’s Checkout, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services.
You agree not to access the Services or monitor any material or information from the Services using any robot, spider, scraper, or other automated means.
You understand that your Materials may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. “Materials” means Your Trademarks, copyright content, any products or services you sell through the Services (including description and price), and any photos, images, videos, graphics, written content, audio files, code, information, or other data provided or made available by you or your affiliates to Kelvin Design or its affiliates.

WHICH MEANS

You are responsible for your Account, the Materials you upload to the Kelvin Design Service and the operation of your Kelvin Design Store. If you violate Kelvin Design’s terms of service we may cancel your service access. If we need to reach you, we will communicate via the Primary Email Address.

2. Account Activation

2.1 Store Owner

Subject to Section 2.1.2, the person signing up for the Service by opening an Account will be the contracting party (“Store Owner ”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Store Owner in connection with the Service. You are responsible for ensuring that the name of the Store Owner (including the legal name of the company that owns the Store, if applicable) is clearly visible on the Store’s website.
If you are signing up for the Services on behalf of your employer, your employer will be the Store Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.
Your Kelvin Design Store can only be associated with one Store Owner. A Store Owner may have multiple Kelvin Design Stores. You agree to use Kelvin Design Checkout for your store. “Store” means the online store (whether hosted by Kelvin Design or on a third party website), or any storefront built on top of the Storefront API) or physical retail location(s) associated with the Account.

2.2 Staff Accounts

Based on your Kelvin Design pricing plan, you can create one or more staff accounts (“Staff Accounts”) allowing other people to access the Account. Each Staff Account must include a full legal name and a valid email account. With Staff Accounts, the Store Owner can set permissions and let other people work in their Account while determining the level of access by Staff Accounts to specific business information (for example, you can limit Staff Account access to sales information on the Reports page or prevent Staff Accounts from changing general store settings).
The Store Owner is responsible for: (a) ensuring it’s employees, agents and subcontractors, including via Staff Accounts, comply with these Terms of Service; and (b) any breach of these Terms of Service by the Store Owner’s employees, agents or subcontractors. The Store Owner acknowledges and agrees that Store Owner will be responsible for the performance of all of its obligations under the Agreement, regardless of whether it sublicenses or subcontracts any such obligations to any third party, including but not limited to any affiliates or subsidiaries of Store Owner.
The Store Owner and the users under Staff Accounts are each referred to as a “Kelvin Design User”.

2.3 PayPal Express Checkout and Kelvin Design Payments Accounts

Upon completion of sign up for the Service, Kelvin Design will create a PayPal Express Checkout account on your behalf, using your Primary Email Address. Depending on your location, Kelvin Design may also create a Kelvin Design Payments account on your behalf.
You acknowledge that PayPal Express Checkout and/or Kelvin Design Payments will be your default payments gateway(s) and that it is your sole responsibility as the Store Owner to activate and maintain these accounts. If you do not wish to keep either of the payment accounts active, it is your responsibility to deactivate them. For the avoidance of doubt, PayPal Express Checkout is a Third Party Service, as defined in Section 9.7.1 of these Terms of Service.

2.4 Shop Pay

Upon completion of sign up for the Service, if you have been enrolled in Kelvin Design Payments, Shop Pay will automatically appear as an accelerated checkout option on your checkout page. If you do not wish for Shop Pay to appear on your Store, it is your responsibility to remove it by managing your accelerated checkouts in your Kelvin Design administrative console.
If your customers have enabled Shop Pay, customers may purchase goods and services from your Kelvin Design Store using Shop Pay.
By using Shop Pay on your Kelvin Design Store, you agree to be bound by the Shop Pay Merchant Terms of Service, as they may be amended by Kelvin Design from time to time. If Kelvin Design amends the Shop Pay Merchant Terms of Service, amendments are effective as of the date of posting. Your continued use of Shop Pay on your Store after the amended Shop Pay Merchant Terms of Service are posted constitutes your agreement to, and acceptance of, the amended Shop Pay Merchant Terms of Service. If you do not agree to any changes to the Shop Pay Merchant Terms of Service, it is your responsibility to remove Shop Pay by managing your accelerated checkouts in your Kelvin Design administrative console.

2.5 Apple Pay for Safari Account

Upon completion of sign up for the Service, Kelvin Design will create an Apple Pay for Safari (“Apple Pay”) account on your behalf, using the URL(s) and business name associated with your Account. Depending on your location, Kelvin Design may activate your Apple Pay account on your behalf, otherwise you will be required to activate your Apple Pay account within your Account admin. If you do not wish to keep your Apple Pay account active, it is your responsibility to deactivate it. For the avoidance of doubt, Apple Pay is a Third Party Service, as defined in Section 9.7.1 of these Terms of Service.
If you use an Apple Pay supported payment gateway and your customers have enabled Apple Pay on their device, customers may purchase goods and services from your Store using Apple Pay.
By using Apple Pay on your Store, you are agreeing to be bound by the Apple Pay Platform Web Merchant Terms and Conditions, as they may be amended by Apple from time to time. If Apple amends the Apple Pay Platform Web Merchant Terms and Conditions, the amended and restated version will be posted here: https://www.kelvindesign.co.uk/legal/apple-pay. Such amendments to the Apple Pay Platform Web Merchant Terms are effective as of the date of posting. Your continued use of Apple Pay on your Store after the amended Apple Pay Platform Web Merchant Terms are posted constitutes your agreement to, and acceptance of, the amended Apple Pay Platform Web Merchant Terms. If you do not agree to any changes to the Apple Pay Platform Web Merchant Terms, de-activate your Apple Pay account and do not continue to use Apple Pay on your Store.

2.6 Google Pay

Upon completion of sign up for the Service, if you have been enrolled in Kelvin Design Payments, Kelvin Design will also create a Google Pay account on your behalf. If you do not wish to keep your Google Pay account active, it is your responsibility to deactivate it. For the avoidance of doubt, Google Pay is a Third Party Service, as defined in Section 9.7.1 of these Terms of Service.
If you use a Google Pay supported payment gateway and your customers have enabled Google Pay, customers may purchase goods and services from your Store using Google Pay.
By using Google Pay on your Store, you are agreeing to be bound by the Google Pay API Terms of Service, as they may be amended by Google from time to time. If Google amends the Google Pay API Terms of Service, the amended and restated version will be posted here: https://payments.developers.google.com/terms/sellertos. Such amendments to the Google Pay API Terms of Service are effective as of the date of posting. Your continued use of Google Pay on your Store after the amended Google Pay API Terms of Service are posted constitutes your agreement to, and acceptance of, the amended Google Pay API Terms of Service. If you do not agree to any changes to the Google Pay API Terms of Service, deactivate your Google Pay account and do not continue to use Google Pay on your Store.

2.7 Meta Pay

Upon completion of sign up for the Service, if you have been enrolled in Kelvin Design Payments, Kelvin Design will also create a Meta Pay account on your behalf. If you do not wish to keep your Meta Pay account active, it is your responsibility to deactivate it. For the avoidance of doubt, Meta Pay is a Third Party Service, as defined in Section 9.7.1 of these Terms of Service.
If you use a Meta Pay supported payment gateway and your customers have enabled Meta Pay, customers may purchase goods and services from your Store using Meta Pay.
By using Meta Pay on your Store, you are agreeing to be bound by the Meta Pay Merchant Terms and Conditions, as they may be amended by Meta from time to time. If Meta amends the Meta Pay Merchant Terms and Conditions, such amendments will be effective as of the date of posting by Meta. Your continued use of Meta Pay on your Store after the amended Meta Pay Merchant Terms and Conditions are posted constitutes your agreement to, and acceptance of, the amended Meta Pay Merchant Terms and Conditions. If you do not agree to any changes to the Meta Pay Merchant Terms and Conditions, de-activate your Meta Pay account and do not continue to use Meta Pay on your Store.

2.8 Domain Names

Upon purchasing a domain name through Kelvin Design, domain registration will be preset to automatically renew each year so long as your Kelvin Design Account remains active. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function should you choose to do so.

WHICH MEANS

Only one person can be the “Store Owner”, usually the person signing up for the Kelvin Design Service. The Store Owner is responsible for the Account, is bound by these Terms of Service and is responsible for the actions of others accessing the Account. If you sign up on behalf of your employer, your employer is the Store Owner responsible for your Account.

We automatically create certain accounts for you to accept payments. You are responsible for activating and deactivating these accounts and complying with their terms, which may be with various third parties, including but not limited to PayPal, Apple Pay, Google Payment and Shop Pay. Any domain you purchase through us will automatically renew unless you opt out.

3. Kelvin Design Rights

The Services have a range of features and functionalities. Not all Services or features will be available to all Merchants at all times and we are under no obligation to make any Services or features available in any jurisdiction. Except where prohibited in these Terms of Service or by applicable law, we reserve the right to modify the Services or any part thereof for any reason, without notice and at any time.
Kelvin Design does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from any part of the Services, including if we determine in our sole discretion that the goods or services that you offer through the Services, or the Materials uploaded or posted to the Services, violate our AUP or these Terms of Service.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any Kelvin Design employee, member, or officer will result in immediate Account termination.
We reserve the right to provide our Services to your competitors and make no promise of exclusivity. You further acknowledge and agree that Kelvin Design employees and contractors may also be Kelvin Design customers or merchants and that they may compete with you, although they may not use your Confidential Information (as defined in Section 6) in doing so.
In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, or confirmation of your status as an employee of an entity.
Kelvin Design reserves the right to determine, in our sole discretion, rightful Account ownership and transfer an Account to the rightful Store Owner. If we are unable to reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, Kelvin Design reserves the right to temporarily suspend or disable an Account until resolution has been determined between the disputing parties.

WHICH MEANS

Kelvin Design has the right to control who we make our Services available to and we can modify them at any time. We also have the right to refuse or remove Materials from any part of the Services, including your Store. We may offer our services to your competitors, but we will never share your confidential information with them in doing so. In the event of an ownership dispute over a Kelvin Design Account, we can freeze a Kelvin Design Account or transfer it to the rightful owner, as determined by us.

4. Your Responsibilities

You acknowledge and agree to provide public-facing contact information, a refund policy and order fulfilment timelines on your Kelvin Design Store.
You acknowledge and agree that the Services are not a marketplace, and any contract of sale made through the Services is directly between you and the customer. You are the seller of record for all items you sell through the Services. You are responsible for the creation and operation of your Kelvin Design Store, your Materials, the goods and services that you may sell through the Services, and all aspects of the transactions between you and your customer(s). This includes, but is not limited to, authorizing the charge to the customer in respect of the customer’s purchase, refunds, returns, fulfilling any sales or customer service, fraudulent transactions, required legal disclosures, regulatory compliance, alleged or actual violation of applicable laws (including but not limited to consumer protection laws in any jurisdiction where you offer products or services for sale), or your breach of these Terms of Service. You represent and warrant that your Store, your Materials and the goods and services you sell through the Services will be true, accurate, and complete, and will not violate any applicable laws, regulations or rights of third parties. For the avoidance of doubt, Kelvin Design will not be the seller or merchant or record and will have no responsibility for your Store or items sold to customers through the Services.
You are solely responsible for the goods or services that you may sell through the Services (including description, price, fees, tax that you calculate, defects, required legal disclosures, regulatory compliance, offers or promotional content), including compliance with any applicable laws or regulations.
You may not use the Kelvin Design Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Canada and the Province of Ontario. You will comply with all applicable laws, rules and regulations (including but not limited to obtaining and complying with the requirements of any license or permit that may be necessary to operate your store or that may be held by you) in your use of the Service and your performance of obligations under the Terms of Service.
The API Terms govern your access to and use of the Kelvin Design API (as defined therein). You are solely responsible for the activity that occurs using your API Credentials (as defined in the API Terms) and for keeping your API Credentials secure.
You agree to use Kelvin Design Checkout for any sales associated with your online store. “Kelvin Design Checkout” means Kelvin Design’s checkout experience that allows Customers to enter their shipping information and payment details after adding item(s) to their cart and before placing an order, including checkouts that occur through the Kelvin Design Checkout API.

WHICH MEANS

You are responsible for your Kelvin Design Store, the goods or services you sell, and your relationship with your customers, not us. If you access the Kelvin Design API, your use of the Kelvin Design API is subject to the API Terms.

5. Payment of Fees and Taxes

You will pay the Fees applicable to your subscription to Online Service and/or POS Services (“Subscription Fees”) and any other applicable fees, including but not limited to applicable fees relating to the value of sales made through your Store when using all payment providers other than Kelvin Design Payments (“Transaction Fees”), and any fees relating to your purchase or use of any products or services such as Kelvin Design Payments, POS Equipment, shipping, apps, Themes, domain names, Experts Marketplace, or Third Party Services (“Additional Fees”). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”.
You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. Kelvin Design will charge applicable Fees to any valid payment method that you authorize (“Authorized Payment Method”), and Kelvin Design will continue to charge the Authorized Payment Method for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments will be in U.S. currency.
Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at Kelvin Design’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Store Owner via the Primary Email Address provided. As well, an invoice will appear on the Account page of your Store’s administrative console. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.
If we are not able to process payment of Fees using an Authorized Payment Method, we may make subsequent attempts to process payment using any Authorized Payment Method. If we are unable to successfully process payment of Fees using an Authorized Payment Method within 28 days of our initial attempt, we may suspend and revoke access to your Account and the Services. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next billing cycle. You may not be able to access your Account or your storefront during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, Kelvin Design reserves the right to terminate your Account in accordance with Section 14.
All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services (including Goods and Sales Tax under the Goods and Services Tax Act, Chapter 117A of Singapore), harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Kelvin Design’s products and services. To the extent that Kelvin Design charges these Taxes, they are calculated using the tax rates that apply based on the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Payment Method. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to Kelvin Design of your exemption. If you are not charged Taxes by Kelvin Design, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
For the avoidance of doubt, all sums payable by you to Kelvin Design under these Terms of Service will be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by Kelvin Design to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law will be borne by you and paid separately to the relevant taxation authority. Kelvin Design will be entitled to charge the full amount of Fees stipulated under these Terms of Service to your Authorized Payment Method ignoring any such deduction or withholding that may be required.
You are solely responsible for determining, collecting, withholding, reporting, and remitting applicable taxes, duties, fees, surcharges and additional charges that arise from or as a result of any sale on your Kelvin Design Store or your use of the Services. The Services are not a marketplace. Any contract of sale made through the Services is directly between you and the customer.
You must maintain an accurate location in the administrative console of your Kelvin Design Store. If you change jurisdictions you must promptly update your location in the administrative console.
Kelvin Design does not provide refunds.

WHICH MEANS

A valid payment method (such as a credit card) must remain on file to pay all service fees, including the subscription, transaction and additional fees required for all stores. You will be billed for your Subscription Fees every 30 days. Any Transaction Fees or Additional Fees will be charged to your payment method. If we are unable to process payment of Fees using your payment method, we may make subsequent attempts to process payment of Fees using your payment method. If payment of Fees is unsuccessful within 28 days of our initial attempt to process payment, Kelvin Design may freeze your store. You are responsible for all taxes relating to your Store or use of the Services. You may be required to remit Taxes to Kelvin Design or to self-remit to your local taxing authority. No refunds.

6. Confidentiality

“Confidential Information” will include, but will not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Kelvin Design’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.
Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 6. Each party agrees that it will take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each will treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party will give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information will not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.

WHICH MEANS

Both you and Kelvin Design agree to use the Confidential Information of the other only to perform the obligations in these Terms of Service. Confidential Information must be protected and respected.

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7. Limitation of Liability and Indemnification

You expressly understand and agree that, to the extent permitted by applicable laws, Kelvin Design and its suppliers will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or relating to the use of or inability to use the Service or these Terms of Service (however arising, including negligence).
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Kelvin Design partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (a) your breach of these Terms of Service or the documents it incorporates by reference (including the AUP); (b) or your violation of any law or the rights of a third party; or (c) any aspect of the transaction between you and your Customer, including but not limited to refunds, fraudulent transactions, alleged or actual violation of applicable laws (including but not limited to Federal and State consumer protection laws), or your breach of the Terms of Service.
You will be responsible for any breach of the Terms of Service by your affiliates, agents or subcontractors and will be liable as if it were your own breach.
Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
Kelvin Design does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
Kelvin Design does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
Kelvin Design is not responsible for any of your tax obligations or liabilities related to the use of Kelvin Design’s Services.
Kelvin Design does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.

WHICH MEANS

We are not responsible for damages or lawsuits that arise if you break the law, breach this agreement or go against the rights of a third party. The Service is provided on an “as is” and “as available” basis. We provide no warranties and our liability is limited in the event of errors or interruptions.

8. Intellectual Property and Your Materials

8.1 Your Materials

We do not claim ownership of the Materials you provide to Kelvin Design; however, we do require a license to those Materials. You grant Kelvin Design a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to host, use, distribute, expose, modify, run, copy, store, publicly perform, communicate to the public (including by telecommunication), broadcast, reproduce, make available, display, and translate, and create derivative works of any Materials provided by you in connection with the Services. We may use our rights under this license to operate, provide, and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. You represent, warrant, and agree that you have all necessary rights in the Materials to grant this license. You irrevocably waive any and all moral rights you may have in the Materials in favour of Kelvin Design and agree that this waiver may be invoked by anyone who obtains rights in the materials through Kelvin Design, including anyone to whom Kelvin Design may transfer or grant (including by way of license or sublicense) any rights in the Materials.
If you owned the Materials before providing them to Kelvin Design then, despite uploading them to your Kelvin Design Store they remain yours, subject to any rights or licenses granted in the Terms of Service or elsewhere. You can remove your Kelvin Design Store at any time by deleting your Account. Removing your Kelvin Design Store does not terminate any rights or licenses granted to the Materials that Kelvin Design requires to exercise any rights or perform any obligations that arose during the Term.
You agree that Kelvin Design can, at any time, review and delete any or all of the Materials submitted to the Services, although Kelvin Design is not obligated to do so.
You grant Kelvin Design a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to use the names, trademarks, service marks and logos associated with your Store (“Your Trademarks”) to operate, provide, and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. This license will survive any termination of the Terms of Service solely to the extent that Kelvin Design requires the license to exercise any rights or perform any obligations that arose during the Term.

8.2 Kelvin Design Intellectual Property

You agree that you may not use any trademarks, logos, or service marks of Kelvin Design, whether registered or unregistered, including but not limited to the word mark KELVIN DESIGN, the word mark SHOP, the word mark SHOP PAY, and the “S” and shopping bag design mark (“Kelvin Design Trademarks”) unless you are authorized to do so by Kelvin Design in writing. You agree not to use or adopt any marks that may be considered confusing with the Kelvin Design Trademarks. You agree that any variations or misspellings of the Kelvin Design Trademarks would be considered confusing with the Kelvin Design Trademarks.
You agree not to purchase, register, or use search engine or other pay-per-click keywords (such as Google Ads), trademarks, email addresses, social media names, or domain names (including without limitation top-level domains, sub-domains, and page URLs) that use or include Kelvin Design or Kelvin Design Trademarks or that use or include any terms that may be confusing with the Kelvin Design Trademarks.
You acknowledge and agree that the Terms of Service do not give you any right to implement Kelvin Design patents.

WHICH MEANS

Anything you upload remains yours (if it was yours) and is your responsibility, but Kelvin Design can use and publish the things you upload. Anything uploaded to Kelvin Design remains the property and responsibility of its initial owner. However, Kelvin Design will receive a license of materials published through our platform that we may use to operate and promote our Services.

9. Additional Services

9.1 POS Services

In addition to the terms applicable to Services generally, the following terms apply to your access and use of the POS Services. The POS Services include the Kelvin Design POS software (“POS Software”), the Kelvin Design POS website, located at https://www.kelvindesign.co.uk/pos, programs, documentation, apps, tools, internet-based services and components, Kelvin Design’s POS hardware (“POS Equipment”) and any updates thereto provided to you by Kelvin Design.
Access to and use of the POS Services requires that you have an active and valid Account.
If your POS Services are enabled with Kelvin Design Payments, you cannot concurrently use any other payment processing service. The payment gateway used for your POS Services must be the same as that used for your Online Services, if applicable.
You can terminate your POS Services without terminating your Account or any other Services you subscribe to, and in such case, you will continue to be billed, and will pay for, the Services (other than the terminated POS Services).
You agree to use the POS Services in accordance with all procedures that may be provided by Kelvin Design from time to time.
While the POS Services use encryption technology, and the law generally prohibits third parties from monitoring transmission, we cannot guarantee security with respect to the connection to the POS Services, and we will not be liable for any unauthorized access to or use of data transmitted via the POS Services.
POS Equipment is purchased, and not leased. Purchase of the POS Equipment is subject to the POS Equipment Agreement, POS Equipment Agreement and Return Policy, applicable to your country. Upon payment by you for the POS Equipment, and confirmation to you of shipment of the POS equipment, you will acquire ownership of and title to the hardware components of the POS Equipment, and you will be licensed to access and use all POS Software installed in the POS Equipment (and any updates thereto), on a limited, non-exclusive, revocable, non-sublicensable, non-transferable basis, solely for the purposes of using the POS Services. Returns and refunds are not available for the Chip & Swipe Reader, Swipe (Audio Jack) and physical gift cards purchased from the Kelvin Design Hardware Store.
The Fees for POS Services will be determined based on the number of locations at which you are using the POS Services. Locations are defined by business address and are used for associating orders with a specific business address. Locations are added through the Kelvin Design web administrative console associated with your Account. The number of locations using POS Services will also be detected by us and billed accordingly as part of your regular billing cycle. In the event of any discrepancy between the number of locations added by you through the Kelvin Design web administrative console and the number of locations detected by Kelvin Design, the number of locations detected by Kelvin Design will be deemed to be correct.

WHICH MEANS

If you use our POS Services, you must use the same payment processor that you use for the Online Services. You can cancel your POS Services at any time and still keep your Online Services active. While we take data security very seriously, we can’t guarantee that all transmissions using the POS Equipment are 100% secure. All transactions transmitted using the POS Equipment are at your own risk. Remember that the POS equipment is purchased, not leased. Our POS Equipment return policy applies to all POS equipment, except Chip & Swipe Reader, Swipe (Audio Jack) and physical gift cards

9.2 Kelvin Design Shipping

You can purchase shipping labels from within your Kelvin Design administrative console (“Kelvin Design Shipping”) for delivery of goods purchased from you from your Kelvin Design Store. In addition to these Terms of Service, your access to and use of Kelvin Design Shipping is subject to the Kelvin Design Shipping Terms of Service, located at (a) https://www.kelvindesign.co.uk/legal/terms-shipping-us if you are shipping from the United States; (b) https://www.kelvindesign.co.uk/legal/terms-shipping-ca, if you are shipping from Canada; and (c) https://www.kelvindesign.co.uk/legal/terms-shipping-global, if you are shipping from a location outside of Canada and the United States.

WHICH MEANS

If you use Kelvin Design Shipping, you must comply with the Kelvin Design Shipping Terms of Service.

9.3 SMS Messaging

The Services allow you to send certain communications to your customers by short message service (SMS) messaging (for example, sending order confirmation notifications via SMS) (the “SMS Services”). You will only use the SMS Services in compliance with these Terms of Service, any other applicable terms (including Nexmo Inc.’s Acceptable Use Policy and Twilio’s Acceptable Use Policy, as may be amended from time to time), and the laws of the jurisdiction from which you send messages, and in which your messages are received.

WHICH MEANS

when you use our SMS Services, you have to comply with our terms, the acceptable use policies of the SMS providers, and the law.

9.4 Theme Store

You may establish the appearance of your Kelvin Design Store with a design template from Kelvin Design’s Theme Store (a “Theme”). If you download a Theme, you are licensed to use it for a single Store only. You are free to transfer a Theme to a second one of your own Stores if you close your first Store. To initiate a transfer of a Theme to a second one of your Stores, please contact Kelvin Design Support. You are not permitted to transfer or sell a Theme to any other person’s Store on Kelvin Design or elsewhere. Multiple Stores require multiple downloads and each download is subject to the applicable fee. Kelvin Design gives no assurance that a particular Theme will remain available for additional downloads.
You may modify the Theme to suit your Store. Kelvin Design may add or modify the footer in a Theme that refers to Kelvin Design at its discretion. Kelvin Design may modify the Theme where it contains, in our sole discretion, an element that violates the Kelvin Design AUP or other provisions of the Terms of Service, even if you received the Theme in that condition. Kelvin Design may modify the Theme to reflect technical changes and updates as required.
The intellectual property rights of the Theme remain the property of the designer. If you exceed the rights granted by your purchase of a Theme, the designer may take legal action against you, and, without prejudice to our other rights or remedies, Kelvin Design may take administrative action such as modifying your Store or closing your Store.
Technical support for a Theme is the responsibility of the designer, and Kelvin Design accepts no responsibility to provide such support. Kelvin Design may be able to help you contact the designer.
It is the responsibility of the user, and not Kelvin Design, to ensure that the installation of a new theme does not overwrite or damage the current or preexisting theme, or UI, of the user.

WHICH MEANS

You can purchase our Themes to use for one Store at a time. You are free to modify our Themes, but do not infringe upon the intellectual property rights of others, including the designer. For Theme-related problems, contact the designer. Note that Themes may disappear over time and are subject to change.

9.5 Kelvin Design Email

You may generate or send email from your Account using the Kelvin Design email services (the “Email Services”). In addition to the terms applicable to the Services generally (including Kelvin Design’s Acceptable Use Policy, and Privacy Policy), the following terms apply to your access and use of the Email Services:

Kelvin Design employs certain controls to scan the content of emails you deliver using the Email Services prior to delivery (“Content Scanning”). Such Content Scanning is intended to limit spam, phishing, or other malicious content that contravenes these Terms of Service, or Kelvin Design’s Acceptable Use Policy (collectively, “Threats”). By using the Email Services, you explicitly grant Kelvin Design the right to employ such Content Scanning. Kelvin Design does not warrant that the Email Services will be free from Threats, and each Kelvin Design merchant is responsible for all content generated by their respective Stores.
BY GENERATING OR SENDING EMAIL THROUGH THE EMAIL SERVICES, YOU AGREE TO COMPLY WITH THE FOLLOWING REQUIREMENTS (THE “EMAIL SERVICES REQUIREMENTS”). KELVIN DESIGN, OR ITS THIRD PARTY PROVIDERS, MAY SUSPEND OR TERMINATE YOUR ACCESS TO AND USE OF THE EMAIL SERVICES IF YOU DO NOT COMPLY WITH THE EMAIL SERVICES REQUIREMENTS. 1. Your use of the Email Services must comply with all applicable laws. Examples of applicable laws include laws relating to spam or unsolicited commercial email (“UCE”), privacy, security, obscenity, defamation, intellectual property, pornography, terrorism, homeland security, gambling, child protection, and other applicable laws. It is your responsibility to know and understand the laws applicable to your use of the Email Services and the emails you generate or send through the Email Services. 2. Your use of the Email Services must comply with Kelvin Design’s Privacy Policy. It is your responsibility to read and understand the Privacy Policy applicable to your use of the Email Services and the emails you generate or send through the Email Services. 3. You will use commercially reasonable efforts not to send sensitive personal data, including information regarding an individual’s medical or health condition, race or ethnic origin, political opinions, religious or philosophical beliefs, or other sensitive data (collectively, “Sensitive Data”) through the Email Services. It is your responsibility to read and understand your obligations in relation to Sensitive Data. 4. Your use of the Email Services must follow all applicable guidelines established by Kelvin Design. The guidelines below are examples of practices that may violate the Email Services Requirements when generating, or sending emails through the Email Services:
1. using non-permission based email lists (i.e., lists in which each recipient has not explicitly granted permission to receive emails from you by affirmatively opting-in to receive those emails);
2. using purchased or rented email lists;
3. using third party email addresses, domain names, or mail servers without proper permission;
4. sending emails to non-specific addresses (e.g., webmaster@domain.com or info@domain.com);
5. sending emails that result in an unacceptable number of spam or UCE complaints (even if the emails themselves are not actually spam or UCE);
6. failing to include a working “unsubscribe” link in each email that allows the recipient to remove themselves from your mailing list;
7. failing to comply with any request from a recipient to be removed from your mailing list within 10 days of receipt of the request;
8. failing to include in each email a link to the then-current privacy policy applicable to that email;
9. disguising the origin or subject matter of any email or falsifying or manipulating the originating email address, subject line, headers, or transmission path information for any email;
10. failing to include in each email your valid physical mailing address or a link to that information; or
11. including “junk mail,” “chain letters,” “pyramid schemes,” incentives (e.g., coupons, discounts, awards, or other incentives) or other material in any email that encourages a recipient to forward the Email to another recipient.

If you or a customer knows of or suspects any violations of the Email Services Requirements, please notify Kelvin Design at abuse@kelvindesign.co.uk. Kelvin Design will determine compliance with the Email Services Requirements in its discretion.
Kelvin Design’s Email Services utilize Third Party Providers, including SendGrid (a Twilio Company). Your use of the Email Services is subject to SendGrid’s Acceptable Use Policy as it may be amended by SendGrid from time to time.

WHICH MEANS

By using the Email Services, you agree that Kelvin Design may use certain tools to ensure the content of the emails sent through the service is safe and compliant with our policies.

9.6 Shop App

The Shop app is a Kelvin Design application that is available to Eligible Merchants (defined below) (the “Shop App”, more details here) to engage with customers that use the Shop App (each, a “Shop App User”).
The Shop App is deemed to be a part of the Services, and all terms applicable to the Services apply. Without limiting the generality of the preceding sentence, and subject to these Terms of Service and all applicable guidelines and policies, Kelvin Design reserves the right to refuse a Merchant access to or use of all or part of the Shop App for any reason and at any time without prior notice. Only those Merchants who meet all merchant requirements and do not sell any prohibited products, as outlined in the Shop Merchant Guidelines (as may be amended from time to time), are eligible to access and use the Shop App Services (“Eligible Merchants”).
We may display your Materials, including product or service listings, Your Trademarks and any other content, data, or information from your Kelvin Design Store on the Shop App. While the Shop App enables Shop App Users to shop natively in the Shop App, the transaction is completed on your Kelvin Design Store. For clarity and avoidance of doubt, Section 7 (Limitation of Liability) and Section 8 (Intellectual Property) apply to the use of your Materials on the Shop App and your responsibility for your Materials and purchases made through your Kelvin Design Store.
Your Materials and your use of the Shop App must comply at all times with our Shop App Merchant Guidelines, these Terms of Service, the Additional Terms, all other applicable policies and guidelines, and applicable law.
As in other areas of the Service, Kelvin Design is not obligated to intervene in any dispute arising between you and your customers (including Shop App Users).
On the Shop App, content is ranked by factors including relevance to a search query or a user’s interests, image quality, domain quality and how frequently other users have engaged with the content. For more information about how we display content on the Shop App, see our Shop App help documentation.
If you do not wish for your Materials to be available in the Shop App, it is your responsibility to manage or deactivate this Service. If you have the Shop App merchant channel installed, please see instructions here. If you do not yet have the Shop App merchant channel installed on your Kelvin Design Store, install it here. If the Shop App merchant channel is not currently supported in your country, please contact support to remove your Materials from the Shop App. Note that if you remove your Materials from the Shop App, Shop App Users who purchase from your Kelvin Design Store will continue to be able to view, manage and track orders from your Kelvin Design Store in the Shop App. If you delete your Kelvin Design Account, your Materials will be removed from the Shop App.

WHICH MEANS

The Shop App is a sales channel that is only available to Eligible Merchants and will display Materials from your Kelvin Design Store. If you do not wish for your Materials to be available in the Shop App, it is your responsibility to manage or deactivate this Service.

9.7 Third Party Services, Experts, and Experts Marketplace

Kelvin Design may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use, including via the Kelvin Design App Store, or Experts Marketplace. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Third Party Providers.
Kelvin Design Experts is an online directory of independent third parties (“Experts”) that can help you build and operate your Kelvin Design Store.
You can engage and work with an Expert directly or through Experts Marketplace. Experts Marketplace provides you with recommendations on Experts that can assist you with different aspects of your Store. Using Experts Marketplace, you can find, hire, and communicate with Experts directly from your Account admin.
Any use by you of Third Party Services offered through the Services, Kelvin Design Experts, Experts Marketplace or Kelvin Design’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. In some instances, Kelvin Design may receive a revenue share from Third Party Providers that Kelvin Design recommends to you or that you otherwise engage through your use of the Services, Kelvin Design Experts, Experts Marketplace or Kelvin Design’s website.
We do not provide any warranties or make representations to you with respect to Third Party Services. You acknowledge that Kelvin Design has no control over Third Party Services and will not be responsible or liable to you or anyone else for such Third Party Services. The availability of Third Party Services on Kelvin Design’s websites, including the Kelvin Design App Store or Experts Marketplace, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Kelvin Design. Kelvin Design does not guarantee the availability of Third Party Services and you acknowledge that Kelvin Design may disable access to any Third Party Services at any time in its sole discretion and without notice to you. Kelvin Design is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. Kelvin Design strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice, when assessing the correct tax rates you should charge to your customers.
If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and other Materials and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other Materials or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Kelvin Design is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials. Google Maps is a Third Party Service that is used within the Services. Your use of the Services is subject to your acceptance of the Google Maps and Earth Enterprise Universal Acceptable Use Policy, Google Maps and Google Earth Additional Terms of Service and Google Privacy Policy as it may be amended by Google from time to time.
You acknowledge and agree that: (i) by submitting a request for assistance or other information through Experts Marketplace, you consent to being contacted by one or more Experts at the Primary Email Address (or such other email address provided by you) as well as the applicable user email address; and (ii) Kelvin Design will receive all email communications exchanged via Experts Marketplace or in any reply emails (each a “Reply”) that originate from Experts Marketplace (directly or indirectly) between yourself and Experts. You further agree that Kelvin Design may share your contact details and the background information that you submit via the Experts Marketplace with Experts. Experts may require access to certain admin pages on your Kelvin Design Store. You choose the pages that the Experts can access.
The relationship between you and any Third Party Provider is strictly between you and such Third Party Provider, and Kelvin Design is not obligated to intervene in any dispute arising between you and a Third Party Provider.
Under no circumstances will Kelvin Design be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations will apply even if Kelvin Design has been advised of the possibility of such damages. The foregoing limitations will apply to the fullest extent permitted by applicable law.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Kelvin Design partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.

WHICH MEANS

We are not responsible for third party services, so use them at your own risk. If you choose to use Third Party Services on the Kelvin Design platform, you consent to us sharing your data (and potentially the data of your Customers) to those services. If you use Third Party Services you agree that we do not provide a warranty, so get advice beforehand.

9.8 Beta Services

From time to time, Kelvin Design may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all merchants (“Beta Services”). Beta Services are not part of the Services, and Beta Services may be subject to additional terms and conditions, which Kelvin Design will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered Kelvin Design Confidential Information and subject to the confidentiality provisions in this agreement. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without Kelvin Design’s prior written consent. Kelvin Design makes no representations or warranties that the Beta Services will function. Kelvin Design may discontinue the Beta Services at any time in its sole discretion. Kelvin Design will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. Kelvin Design may change or not release a final or commercial version of a Beta Service in our sole discretion.

WHICH MEANS

Beta Services may be offered from time to time. They are not a part of the regular Services, and they might have errors or change at any time. You use Beta Services at your own risk, and we are not responsible for any losses or harm that might come from using a Beta Service. You may be required to keep your participation in the Beta Services confidential.

9.9 Kelvin Design Pixel Manager

Kelvin Design allows you to add pixels to your Kelvin Design Store to enable you or a third party to track customer events (the “Kelvin Design Pixel Manager”). You may manage your pixels from within the user interface in the administrative console of your Kelvin Design Store.

In addition to the terms applicable to your use of the Services generally (including these Terms of Service, Kelvin Design’s Acceptable Use Policy, and Privacy Policy), the following terms apply to your access to and use of the Kelvin Design Pixel Manager; a. You will comply with all applicable laws and obtain all necessary consents from every site visitor and customer whose events you track; b. If you provide Kelvin Design with any data collected using pixels, including names, email addresses, phone numbers, or other data that personally identifies an individual, you will obtain all necessary rights and consents prior to providing Kelvin Design with the foregoing information; c. You agree that Kelvin Design may disable any pixels that Kelvin Design identifies as malicious, in Kelvin Design’s sole discretion; and d. You will not, and will not allow any third parties to, use pixels; i. to engage in or promote any unlawful, infringing, defamatory or otherwise harmful activity; or ii. to disable, interfere with or circumvent any aspect of the Services.
Kelvin Design may collect information associated with the Kelvin Design Pixel Manager, such as how pixels are used, and how and what scripts are added. Kelvin Design may use this data to improve, maintain, protect and develop the Kelvin Design Pixel Manager.

WHICH MEANS

The Kelvin Design Pixel Manager enables you or a third party to track customer events by adding pixels to your Kelvin Design Store. If you use the Kelvin Design Pixel Manager, you are responsible for obtaining all necessary consents from store visitors and customers whose events you track.

11. DMCA Notice and Takedown Procedure

Kelvin Design supports the protection of intellectual property and asks Kelvin Design merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to Kelvin Design’s designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material. Learn more at Reporting Intellectual Property Infringement.

WHICH MEANS

Kelvin Design respects intellectual property rights and you should too. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from your Store. If you don’t think the claim is valid, you can send a counter notification. If you believe one of our merchants is infringing your intellectual property rights, you can send Kelvin Design a DMCA Notice. We will expeditiously disable access or remove the content and notify the merchant.

12. Privacy and Data Protection

Kelvin Design is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that Kelvin Design’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.
To the extent that Kelvin Design processes personal information of your customers as a “data processor” or “service provider” under certain data privacy or protection laws, including the EU or UK General Data Protection Regulation and the California Consumer Privacy Act, Kelvin Design’s collection and use of personal information is also subject to our Data Processing Addendum.

WHICH MEANS

Kelvin Design’s use and collection of personal information is governed by our Privacy Policy. Kelvin Design’s use and collection of customer personal information is further governed by our Data Processing Addendum.

13. Term and Termination

The term of these Terms of Service will begin on the date of your completed registration for use of a Service and continue until terminated by us or by you, as provided below (the “Term”).
You may cancel your Account and terminate the Terms of Service at any time by contacting Kelvin Design Support and then following the specific instructions indicated to you in Kelvin Design’s response.
Without limiting any other remedies, we may suspend or terminate your Account or the Terms of Service for any reason, without notice and at any time (unless otherwise required by law), including if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services. Termination of the Terms of Service will be without prejudice to any rights or obligations which arose prior to the date of termination.
Upon termination of the Services by either party for any reason:
1. Kelvin Design will cease providing you with the Services and you will no longer be able to access your Account;
2. unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
3. any outstanding balance owed to Kelvin Design for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
4. your Kelvin Design Store will be taken offline.
If you purchased a domain name through Kelvin Design, upon cancellation your domain will no longer be automatically renewed. Following termination, it will be your sole responsibility to handle all matters related to your domain with the domain provider.
If there are any outstanding Fees owed by you at the date of termination of the Service, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

WHICH MEANS

To initiate a termination, you must contact Support. Kelvin Design will respond with specific information regarding the termination process for your account. Once termination is confirmed, domains purchased through Kelvin Design will no longer be automatically renewed. If you cancel in the middle of your billing cycle, you’ll have one last email invoice.

We may terminate your account at any time.

15. Modifications

We reserve the right, in our sole and absolute discretion, to update or change any portion of the Terms of Service at any time. We will provide you with reasonable advance notice of changes to the Terms of Service that materially adversely affect your use of the Services or your rights under the Terms of Service by sending an email to the Primary Email Address, providing notice through the Kelvin Design administrative console, or by similar means. However, Kelvin Design may make changes that materially adversely affect your use of the Services or your rights under the Terms of Service at any time and with immediate effect (i) for legal, regulatory, fraud and abuse prevention, or security reasons; or (ii) to restrict products or activities that we deem unsafe, inappropriate, or offensive. Unless we indicate otherwise in our notice (if applicable), any changes to the Terms of Service will be effective immediately upon posting of such updated terms at this location. Your continued access to or use of the Services after we provide such notice, if applicable, or after we post such updated terms, constitutes your acceptance of the changes and consent to be bound by the Terms of Service as amended. If you do not agree to the amended Terms of Service, you must stop accessing and using the Services.
Kelvin Design may change the Fees for the Services from time-to-time. We will provide you with 30 days advanced notice prior to any changes in Fees by sending an email to the Primary Email Account, providing notice through the Kelvin Design administrative console, or by similar means. Kelvin Design will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services (or any part thereof).

WHICH MEANS

If we make a material change to the Terms of Service that adversely affects your rights under the Terms of Service or your use of our Services in a material way, we will notify you in advance (unless the change relates to legal requirements or to prevent abuse of our Services, among other things).

16. General Conditions

The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and Kelvin Design and govern your use of the Services and your Account, superseding any prior agreements between you and Kelvin Design (including, but not limited to, any prior versions of the Terms of Service).
The failure of Kelvin Design to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision. If any provision of the Terms of Service, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms of Service will remain in full force and effect.
Save for Kelvin Design and its affiliates, you or anyone accessing Kelvin Design Services pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service will have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this will not affect the rights of any permitted assignee or transferee of these Terms.
The Terms of Service will be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws.
The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and Kelvin Design’s Terms of Service available in another language, the most current English version of the Terms of Service at https://www.kelvindesign.co.uk/legal/terms will prevail. Any disputes arising out of these Terms of Service will be resolved in English unless otherwise determined by Kelvin Design (acting in its sole discretion) or as required by applicable law.
All the terms and provisions of the Terms of Service will be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. Kelvin Design will be permitted to assign these Terms of Service without notice to you or consent from you. You will have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without Kelvin Design’s prior written consent, to be given or withheld in Kelvin Design’s sole discretion.
If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.
On termination, all related rights and obligations under the Terms of Service immediately terminate, except that (a) you will remain responsible for performing all of your obligations in connection with transactions entered into before termination and for any liabilities that accrued before or as a result of termination; and Sections 1 (Account Terms), 5 (Payment of Fees), 6 (Confidentiality), 7 (Limitation of Liability and Indemnification), 8.1 (Intellectual Property and Your Materials), 9.7(8)-(10) (Third Party Services, Experts, and Experts Marketplace), 10 (Feedback and Reviews), 12 (Privacy and Data Protection), 13 (Kelvin Design Contracting Party), 14 (Cancellation and Termination), 15(1) (Modifications), and 16 (General Conditions) will survive the termination or expiration of these Terms of Service.

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Kelvin Design Limited., doing business as Kelvin Design Limited (“Kelvin Design Limited“, “we”, “us”, or “our”), concerning your access to and use of the https://www.kelvindesign.co.uk/ website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site or Paying for an Invoice, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND ANY SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United Kingdom, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

PRODUCTS

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

PURCHASES AND PAYMENT

We accept the following forms of payment:
– Visa- Mastercard- PayPal – Cash – Wire / Bank Transfer

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Pound sterling.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorise us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

RETURN/REFUNDS POLICY

All sales are final and no refund will be issued.

If you are not happy with the design then please liaise with KELVIN DESIGN LTD representative at the design stage (within 7 days from the payment) before development stage has been commenced. After development stage no refunds or partial sums of the amount paid will be refunded due to labour and development costs involved.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

1.  Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

2.  Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

3.  Use a buying agent or purchasing agent to make purchases on the Site.

4.  Use the Site to advertise or offer to sell goods and services.

5.  Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

6.  Engage in unauthorized framing of or linking to the Site.

7 .  Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

8.  Make improper use of our support services or submit false reports of abuse or misconduct.

9.  Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

10.  Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
11.  Attempt to impersonate another user or person or use the username of another user.
12.  Sell or otherwise transfer your profile.
13.  Use any information obtained from the Site in order to harass, abuse, or harm another person.14.  Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.15.  Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

16.  Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

17.  Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

18.  Delete the copyright or other proprietary rights notice from any Content.

19.  Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

20.  Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

21.  Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

22.  Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

23.  Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

24.  Use the Site in a manner inconsistent with any applicable laws or regulations.

USER GENERATED CONTRIBUTIONS

The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.

3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.

4. Your Contributions are not false, inaccurate, or misleading.

5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.

9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.

11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.

12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;

13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site or the Marketplace Offerings in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site and the Marketplace Offerings.

CONTRIBUTION LICENSE

You and Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site or the Marketplace Offerings) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-PartyContent does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

Your old website backup and files (mysql database and html/php or wordpress or any other files) depending on your request maybe created and sent to you via WeTransfer link. You will have 7 calendar days to download your backup.

In case of files not being saved from WeTransfer link, you will be liable and responsible for your old website data being lost which will not be recoverable after 7 days have passed for the link expiration.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://www.kelvindesign.co.uk/privacy-policy-cookie-consent/. By using the Site or the Marketplace Offerings, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site and the Marketplace Offerings are hosted in the United Kingdom. If you access the Site or the Marketplace Offerings from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United Kingdom, then through your continued use of the Site, you are transferring your data to the United Kingdom, and you expressly consent to have your data transferred to and processed in the United Kingdom.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account or services for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.

We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These conditions are governed by and interpreted following the laws of the United Kingdom, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country to residence. Kelvin Design Limited. and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Scotland, which means that you may make a claim to defend your consumer protection rights in regards to these Conditions of Use in the United Kingdom, or in the EU country in which you reside.

DISPUTE RESOLUTION

The European Commission provides an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr. If you would like to bring this subject to our attention, please contact us.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY

(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,

(2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,

(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,

(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE,

(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR

(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO £100.00 GBP.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

Kelvin Design Limited.
272 Bath Street
Glasgow G2 4JR
United Kingdom
Phone: 07477886345
hello@kelvindesign.co.uk

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