Terms and Conditions
In using this website you are deemed to have read and agreed to the following terms and conditions.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the terms and conditions set forth by KunkaLabs Limited (KunkaLabs). "the Company", “Ourselves”, “We” and "Us", refers to KunkaLabs. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing Scots Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
KunkaLabs is the sole and exclusive licensed distributor of MixItUp, its extensions, documentation and commercial licenses.
We and take your privacy seriously and are committed to being GDPR-compliant. We only use the personal information provided to us by you in order to administer your account, and enable the purchasing of the products and services you have requested from us.
How do we use your information?
We use customer information to process orders and maintain an accurate record of all purchases made and software licenses held by our customers.
We also maintain an opt-in only mailing list of customer email addresses in order to contact our customers from time to time about new products and critical software updates.
How do we collect your information?
All information collected is voluntarily provided to us when you either create an account, or make a purchase. We never process your data to obtain additional information, and never pass your information on to third-parties for processing.
What information do we keep?
For all account holders, we keep the following information:
- First name
- Last name
- Email address
- Password (encrypted)
This basic information allows us to sign you in and out of your account, recover your account, and identify you against your orders or any software licenses you may hold.
Passwords are one-way encrypted at the moment of account creation, which means that your password can never be read by us, or anyone else if compromised.
Additionally, for business customers that require formal business invoices, we may keep one or more items from the following:
- Name of business
- Address and country of business
- Tax identification number
This information is used to generate invoices for our customers for accounting purposes, and is not used for any other reason.
For customers who have made a purchase with us, we keep a list of transactions, made up of the following information for each customer:
- Purchase date
- Product(s) purchased
- Customer ID (anonymized)
This information allows us to process customer refunds, and is also used for financial accounting purposes.
As an account holder, you have the right to request a record of all information held about you at any time. Please contact us at firstname.lastname@example.org with your data request. All requests will be dealt with as quickly as possible, but please allow up to 30 days for the request to be fulfilled.
You also have the right to close your account at any time and have all personal data held by us deleted.
Please note that as we use your data to maintain a record of purchases and licenses held, this will mean that any active software licenses will be voided at the point of account deletion, and you may no longer be able to use our software commercially.
As above, request for account closures will be dealt with as quickly as possible, but please allow up to 30 days for requests to be fulfilled.
Any dormant accounts (those without a purchase associated with them) will be automatically closed and deleted after a year to protect your data.
How do we store your data?
All customer data is kept in secure databases and servers, located within the EU. No third-party companies or organizations have access to our servers, and no data ever leaves the EU.
Client data, user account credentials, and transaction data are regarded as confidential and therefore will not be divulged to any third party. Payment information including credit card numbers is not stored by KunkaLabs and is encrypted and passed immediately onto a secure third-party payment processing service at the time of transaction. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Clients with appropriate written information as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by KunkaLabs will only be in connection with the provision of agreed services and products.
Exclusions and Limitations
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, KunkaLabs:
excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Termination of Agreements and Refunds Policy
Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending or amendment of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded.
Redistribution or republication of any part of this site or its content without permission is prohibited, including such by framing or other similar or any other means, without the express written consent of KunkaLabs.
KunkaLabs does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify KunkaLabs, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Links From This Website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. KunkaLabs will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exists on all text relating to KunkaLabs’ services and the full content of this website.
An email address for contact can be found on the Contact page of the website, and is to be utilised as per the directions specified on that page.
KunkaLabs is a registered limited company in Scotland, Number SC461366, with its registered office at 118 Hamilton Place, Aberdeen, AB15 5BB, United Kingdom. A list of company directors and employees is available upon request. Our trading address is KunkaLabs Ltd, 3rd Floor, 86-90 Paul Street, London, EC2A 4NE, United Kingdom.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of Scotland govern these terms and conditions. By accessing this website and using our products you consent to these terms and conditions and to the exclusive jurisdiction of the Scottish courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the KunkaLabs to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of KunkaLabs.
Notification of Changes
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.