Terms & Conditions

Terms and conditions of use

1. Introduction

1.1 These terms and conditions shall govern your use of klemi.co.

1.2 By using klemi.co, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use klemi.co.

1.3 If you [register with klemi.co, submit any material to klemi.co or use any of klemi.co services], we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least [18] years of age to use klemi.co; by using klemi.co or agreeing to these terms and conditions, you warrant and represent to us that you are at least [18] years of age.

1.5 Klemi.co uses cookies; by using klemi.co or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our [privacy and cookies policy].

2. Credit

2.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).

3. Copyright notice

3.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in klemi.co and the material on klemi.co; and

(b) all the copyright and other intellectual property rights in klemi.co and the material on klemi.co are reserved.

4. License to use klemi

4.1 You may:

(a) view pages from, and submit data to, klemi.co in a web browser;

(b) download pages from klemi.co for caching in a web browser;

(d) stream audio and video files from klemi.co; and

(e) use klemi.co services by means of a web browser

(e) use any klemi.co published mobile applications to access and update your data on klemi.co

subject to the other provisions of these terms and conditions.

4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from klemi.co or save any such material to your computer.

4.3 You may only use klemi.co for the purpose of your organisation, and you must not use klemi.co for any other purposes.

4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on klemi.co.

4.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from klemi.co (including republication on another website);

(b) sell, rent or sub-license material from klemi.co;

(d) exploit material from klemi.co for a commercial purpose; or

(e) redistribute material from klemi.co.

4.6 Notwithstanding Section 4.5, you may redistribute our newsletter in print and electronic form to any person.

4.7 We reserve the right to restrict access to areas of klemi.co, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on klemi.co.

5. Acceptable use

5.1 You must not:

(a) use klemi.co in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use klemi.co in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use klemi.co to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to klemi.co without our express written consent, with the exception of the following integrations: calendars, mailchimp and rss feeds;

(e) access or otherwise interact with klemi.co using any robot, spider or other automated means[, except for the purpose ofsearch engine indexing;

(f) use data collected from klemi.co for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

5.2 You must not use data collected from klemi.co to contact individuals, companies or other persons or entities, except where these have given you their express permission to do so.

5.3 You must ensure that all the information you supply to us through klemi.co, or in relation to klemi.co, is true, accurate, current, complete and non-misleading.

6. Registration and accounts

6.1 To be eligible for an account on klemi.co under this Section 6, you must be resident or situated in the United Kingdom.

6.2 You may register for an account with klemi.co by completing and submitting the account registration form on klemi.co.

6.3 You must not allow any other person to use your account to access the website.

6.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.

6.5 You must not use any other person's account to access the website, unless you have that person's express permission to do so.

7. User login details

7.1 If you register for an account with klemi.co, you will need to supply an email with a corresponding account on any of our registered identity providers (currently- in April 2017 - amazon, google and facebook).

7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.

7.3 You are responsible for the security of the email account with which you register on klemi.co.

7.5 You are responsible for any activity on klemi.co arising out of any failure to keep your account secure, and may be held liable for any losses arising out of such a failure.

8. Cancellation and suspension of account

8.1 We may:

(a) suspend your account;

(b) cancel your account; and/or

at any time in our sole discretion without notice or explanation.

8.2 You may cancel your account on klemi.co at any time by notifying us.

9. Your content: licence

9.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or klemi.co for storage or publication on, processing by, or transmission via, klemi.co.

9.2 You grant to us a worldwide, royalty-free licence to use, reproduce, store and publish, in accordance with the access privileges that you have chosen for it, your content on and in relation to this website for the duration of your subscription.

9.3 You may edit your content to the extent permitted using the editing functionality made available on klemi.co.

9.4 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

10. Your content: rules

10.1 You warrant and represent that your content will comply with these terms and conditions.

10.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence in an explicit, graphic or gratuitous manner;

(m) be pornographic, lewd, suggestive or sexually explicit;

(n) be untrue, false, inaccurate or misleading;

(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p) constitute spam;

(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

11. Limited warranties

11.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on klemi.co;

(b) that the material on the website is up to date; or

11.2 We reserve the right to discontinue or alter any or all of klemi.co services, and to stop publishing klemi.co, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, klemi.co and the use of klemi.co.

12. Limitations and exclusions of liability

12.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(d) exclude any liabilities that may not be excluded under applicable law.

12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a) are subject to Section 12.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

12.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

12.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

13. Breaches of these terms and conditions

13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to klemi.co;

13.2 Where we suspend or prohibit or block your access to klemi.co or a part of klemi.co, you must not take any action to circumvent such suspension or prohibition or blocking.

14. Variation

14.1 We may revise these terms and conditions from time to time.

14.2 We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of klemi.co from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using klemi.co.

14.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

15. Assignment

15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

16. Severability

16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

17. Third party rights

17.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

17.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

18. Entire agreement

18.1 Subject to Section 12.1, these terms and conditions, together with [our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of klemi.co and shall supersede all previous agreements between you and us in relation to your use of klemi.co.

19. Law and jurisdiction

19.1 These terms and conditions shall be governed by and construed in accordance with English law.

19.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

20. Statutory Obligations

20.1 We operate in accordance with the Electronic Commerce (EC Directive) Regulations 2002.

21. Our details

21.1 This website is owned and operated by klemi.co.

21.2 We are registered as a business in England and Wales under registration number OC414047, and our registered office is at 226 Worple Road, Raynes Park, SW20 8RH.

21.4 You can contact us:

(a) using klemi.co contact form;

(b) by email, using the email address published on klemi.co from time to time.

Privacy Policy

This privacy policy applies between you, the User of this Website and Klemi.co Church Management System, the owner and provider of this Website. Klemi.co Church Management System takes the privacy of your information very seriously. This privacy policy applies to our use of any and all Data collected by us or provided by you in relation to your use of the Website. Please read this privacy policy carefully.

Definitions and interpretation

1. In this privacy policy, the following definitions are used:

Data	collectively all information that you submit to Klemi.co Church Management System via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Act 1998;
Cookies	a small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clause below (Cookies);
Klemi.co Church Management System, or us	Klemi.co Church Management System of 226 Worple Road, Surrey, SW20 8RH;
UK and EU Cookie Law	the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011;
User or you	any third party that accesses the Website and is not either (i) employed by Klemi.co Church Management System and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Klemi.co Church Management System and accessing the Website in connection with the provision of such services; and
Website	the website that you are currently using, klemi.co, and any sub-domains of this site unless expressly excluded by their own terms and conditions.

2. In this privacy policy, unless the context requires a different interpretation:

a. the singular includes the plural and vice versa;

b. references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this privacy policy;

c. a reference to a person includes firms, companies, government entities, trusts and partnerships;

d. "including" is understood to mean "including without limitation";

e. reference to any statutory provision includes any modification or amendment of it;

f. the headings and sub-headings do not form part of this privacy policy.

Scope of this privacy policy

3. This privacy policy applies only to the actions of Klemi.co Church Management System and Users with respect to this Website. It does not extend to any websites that can be accessed from this Website including, but not limited to, any links we may provide to social media websites.

Data collected

4. We may collect the following Data, which includes personal Data, from you:

a. Name

b. Date of Birth;

c. Gender;

d. Contact Information such as email addresses and telephone numbers;

e. IP address (automatically collected);

f. Web browser type and version (automatically collected);

g. Operating system (automatically collected);

h. in each case, in accordance with this privacy policy.

Our use of Data

5. For purposes of the Data Protection Act 1998, Klemi.co Church Management System is the "data controller".

6. We will retain any Data you submit for the duration of your church’s subscription to klemi.

7. Unless we are obliged or permitted by law to do so, and subject to any third party disclosures specifically set out in this policy, your Data will not be disclosed to third parties. This includes our affiliates and / or other companies within our group.

8. All personal Data is stored securely in accordance with the principles of the Data Protection Act 1998. For more details on security see the clause below (Security).

9. Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons:

a. internal record keeping;

b. transmission by email of promotional materials that may be of interest to you;

in each case, in accordance with this privacy policy.

Third party websites and services

10a. Klemi.co Church Management System may, from time to time, employ the services of other parties for dealing with certain processes necessary for the operation of the Website. The providers of such services do not have access to certain personal Data provided by Users of this Website.

10b. Klemi.co Church Management System uses third party services for authentication - Facebook, Google and Amazon. We read and retain profile names and email addresses from these services as a means of identifying users. No user information will be stored unless a user is first added by email address. After the first successful login of a user Super-Admins for your subdomain will be able to view the account name and the authentication method (ie. which third party service was used). No account passwords will be accessed or stored by Klemi.

10c. Klemi.co Church Management System uses Google Drive integration API to link google drive file urls with resources on our system. Klemi.co stores the urls but does not retain the files themselves. Wherever a use attaches a file url to a resource that url should be considered in the public domain.

Links to other websites

11. This Website may, from time to time, provide links to other websites. We have no control over such websites and are not responsible for the content of these websites. This privacy policy does not extend to your use of such websites. You are advised to read the privacy policy or statement of other websites prior to using them.

Changes of business ownership and control

12. Klemi.co Church Management System may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of Klemi.co Church Management System. Data provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this privacy policy, be permitted to use the Data for the purposes for which it was originally supplied to us.

13. We may also disclose Data to a prospective purchaser of our business or any part of it.

14. In the above instances, we will take steps with the aim of ensuring your privacy is protected.

Controlling use of your Data

15. Wherever you are required to submit Data, you will be given options to restrict our use of that Data. This may include the following:

16. use of Data for direct marketing purposes; and

17. sharing Data with third parties.

Functionality of the Website

18. To use all features and functions available on the Website, you may be required to submit certain Data.

19. You may restrict your internet browser's use of Cookies. For more information see the clause below (Cookies).

Accessing your own Data

20. You have the right to ask for a copy of any of your personal Data held by Klemi.co Church Management System (where such Data is held) on payment of a small fee, which will not exceed £25.

Security

21. Data security is of great importance to Klemi.co Church Management System and to protect your Data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure Data collected via this Website. We use an encrypted (SSL) connection for all our pages.

22. If password access is required for certain parts of the Website, you are responsible for keeping this password confidential.

23. We endeavour to do our best to protect your personal Data. However, transmission of information over the internet is not entirely secure and is done at your own risk. We cannot ensure the security of your Data transmitted to the Website.

Cookies

24. This Website may place and access certain Cookies on your computer. Klemi.co Church Management System uses Cookies to improve your experience of using the Website and to improve our range of services. Klemi.co Church Management System has carefully chosen these Cookies and has taken steps to ensure that your privacy is protected and respected at all times.

25. All Cookies used by this Website are used in accordance with current UK and EU Cookie Law.

26. Before the Website places Cookies on your computer, you will be presented with a message bar requesting your consent to set those Cookies. By giving your consent to the placing of Cookies, you are enabling Klemi.co Church Management System to provide a better experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended.

27. This Website may place the following Cookies:

28.

Type of Cookie:	Purpose:
Strictly necessary cookies.	These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
Functionality cookies	These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
Analytics Cookies	We use Google Analytics to analyse the use of our website. Our analytics service provider generates statistical and other information about website use by means of cookies. The analytics cookies used by our website have the following names: [_ga, _gat, __utma, __utmt, __utmb, __utmc, __utmz and __utmv]. The information generated relating to our website is used to create reports about the use of our website. 5Our analytics service provider's privacy policy is available at: [http://www.google.com/policies/privacy/].

29. You can choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser.

30. You can choose to delete Cookies at any time; however you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalisation settings.

31. It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.

General

32. You may not transfer any of your rights under this privacy policy to any other person. We may transfer our rights under this privacy policy where we reasonably believe your rights will not be affected.

33. If any court or competent authority finds that any provision of this privacy policy (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this privacy policy will not be affected.

34. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

35. This privacy policy is governed by and interpreted according to English law. All disputes arising under this privacy policy are subject to the exclusive jurisdiction of the English courts.

Changes to this privacy policy

36. Klemi.co Church Management System reserves the right to change this privacy policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the privacy policy on your first use of the Website following the alterations.

You may contact Klemi.co Church Management System by email at hello@klemi.co.

01 September 2016