Terms and Conditions
Last revised on 25/10/17
These Terms and Conditions apply to the entire contents of the present website, wekandu.io and also other services provided by We Kandu It Limited accessible to Members, as defined below.
If you are a Member please note the legal entity you are entering into a contract with is: We Kandu It Limited, a private limited company incorporated in England and Wales with registered company number 10956532 whose registered office is ℅ Derek Rothera & Company, Units 15 & 16, 7 Wenlock Road, London N1 7SL.
These Terms and Conditions are binding documents, which govern your use of our services and our provision of these services to you. You are advised to read these Terms and Conditions carefully; this will help ensure that they contain everything you require and that there is nothing within them that you are not prepared to agree to.
If they contain anything that you are not willing to agree with then your only course of redress is not to use any of the services offered.
Article 1. Definitions and Interpretations
The following terms shall have the following meanings in these Terms and Conditions:
- “Expert Member(s)”: a registered user of our Service who wishes to offer advice or expert services to Founder Members.
- “Founder Member(s)”: a registered user of our Service who wishes to be introduced to Expert Members.
- “Members”: “Founder Members” and/or “Experts Members” as the case may be.
- “Member Content”: all information and content provided by a Member to the Site and including the information contained in the Member’s profile.
- “Site”: our website www.wekandu.io and any associated mobile application.
- “Service”: all services available to Members.
The terms “us”, “we” and “our” refer to We Kandu It Limited
Article 2. Registration
To become a Member of our Site you must be at least eighteen (18) years old. You must not have been convicted of any offence, or subject to any court order, relating to assault, violence, sexual misconduct or harassment. You are advised that a breach of this Article constitutes a serious breach of these Terms and Conditions.
To become a Member you must first have registered with LinkedIn. When you access the Site through your LinkedIn account, you will create a username and password. You are solely responsible for the security and proper use of your password, which should be kept confidential at all times and not disclosed to any other person. You must notify us immediately if you believe that your password is known to someone else or if it may be used in an unauthorised way and you should amend your password. We accept no liability for any unauthorised or improper use or disclosure of any password.
You are responsible for the acts or omissions of any third parties who use your identification information or account, whether fraudulent or not. You agree to indemnify us against any claims of this kind. For the avoidance of all doubt, we shall not be liable if your identity is used by someone else.
To become an Expert Member you must be:
- A freelance or independent digital, tech or market expert.
- An expert working for a corporate, charitable or public sector organisation, whose employers are happy for you to provide individual consultancy services to a startup in their spare time.
- A board member within a small digital agency or digital consultancy of no more than 10 people providing digital services other than recruitment services.
- A board member in a professional services organisation providing legal, accountancy or investment advice.
Each Member must complete all of the fields on the registration form(s) and satisfy all the requirements for registration or access to the Services concerned set out in these Terms and Conditions.
When completing a registration form, you must provide us with accurate information that relates to you and not to any third party. If there is any change to the information that you provide to us, you must immediately update your account. At our request, you shall promptly provide written evidence of the validity of information that you provide to us.
Article 3. Use of the Services
In using the Services, Members must follow the Kandu Values. The Kandu Values are:
- Be honest
- Be supportive and
- Add value.
Your Member profile will be visible to other Members only if you are a match, you share your profile on the Site and/or you agree that we may share your profile.
To access the Services you will need a computer, laptop and/or smart mobile phone. It is your responsibility to ensure that you have (and continue to have) access to one of these devices including the cost of using these devices.
We may deactivate accounts of Members who have not used the Service for six months or more.
When you use the Site you must comply with all applicable laws. In particular, but without limitation, you agree not to try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site and/or reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Site save to the extent expressly permitted by law not capable of lawful exclusion.
Members who wish to apply for a "Kandu Badge" must:
- Complete 100% of their profile, including a detailed ‘About Me’ section.
- Supply Kandu with a reference who can vouch that the member lives the Kandu Values of Be honest, Be supportive, Add value.
Kandu may exclude and prohibit any Member from obtaining the Kandu Badge if they display inappropriate behaviour or make any inappropriate remarks which are contrary to the spirit of the Kandu Values.
Article 4. Your Safety and Security
It is important that you understand that we cannot advise on or broker Expert-Founder relationships. The onus still remains on you to decide who is right for you; we just provide the options.
Furthermore, we do not have a contractual obligation, moral or ethical responsibility or the technical means to:
- verify the identity of persons who register as Members or use our Services
- verify or monitor Member Content (although we do reserve the right to monitor Member Content if we consider it appropriate to do so)
As a Member you are advised not to assume that any Member Content is accurate. A person may not be who he or she claims to be. You should at all times exercise the same caution you would normally when you meet people. We cannot be liable for false or misleading statements by Members.
As a Member you at all times remain solely responsible (and liable) for the use of your identification information by third parties or for the actions or statements made through your Member’s account, whether these be fraudulent or not.
When arranging to meet another person through use of the Services, you must take appropriate precautions. Any such meetings are at your own risk and are not our responsibility. We shall have no liability to you whatsoever in relation to your interactions with other Members of the Site. We recommend that you follow the UK government guidelines set out here: https://www.getsafeonline.org/social-networking/
Article 5. Member Content and use of the Site
As a Member you agree that your Member Content shall not:
- breach any applicable law, regulation or code of conduct
- contain any information that you know is false or misleading
- contain any aggressive or threatening content
- be aggressive, threatening or harmful in any way
- contain any content that infringes copyright, trademark rights, rights of confidentiality, rights of privacy or any other rights of others;
- contain any content that is defamatory, injurious, obscene, offensive, violent or can/does incite violence, or is in any way, shape or form racist or xenophobic
- include photographs, videos or any other information in terms of data or files that are indecent
- include photographs, videos or any other information in terms of data or files that do not refer exclusively to the Member or to a third party from whom the Member has expressly obtained consent and are the sole responsibility of the Member concerned
- include email addresses of other persons
- contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or other device;
- reveal any information that enables the Member to be personally identified or contacted by means other than through the Services, including last name, postal address, email address or telephone number
You shall not use the Site to:
- transmit junk mail, spam, or pyramid or similar or fraudulent schemes
- allow any remote code execution of malicious software
- cause denial of service attacks, port scans or other endangering and invasive procedures against any servers and facilities including the servers and facilities of other network hosts or Internet users.
- forge the signature or other identifying mark or code of any other person or engage in any activity (including "spoofing") to attempt to deceive other persons regarding the true identity of the user.
You are solely responsible for any Member Content submitted by you onto the Site.
We reserve the right to remove any Member Content supplied by you from the Site at our sole discretion, at any time and for any reason without being required to give any explanation.
We reserve the right not to accept or to suspend or remove from our Services all or part of any profile, personal ad or any other Member Content for any reason we deem fit. We also reserve the right to terminate any Member account for any reason we deem fit.
Members are urged to notify us of inappropriate Member Content. You acknowledge that such notification may take place and that we may take steps outlined in these Terms and Conditions in respect of such information which comes to our attention.
You shall not, and shall not permit or assist any third party to:
- translate, adapt, disassemble, reverse engineer, decompile or copy the whole or any part of the System, nor arrange or create derivative works based on the Site except to the extent permitted by law not capable of exclusion by agreement;
- make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site;
- combine, match or merge the whole or any part of the Site with or incorporate the Site into any third party code;
- sell, purport to assign or license access to the Site;
- make available online all or part of the Site through the Internet, or any intranet; and/or
- (remove or alter any copyright or other proprietary notice on any of the Site.
Article 6. Availability
We will use reasonable endeavours to maintain and make available to you the Site available at all times. However, there may be occasions when access to the Site may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We shall use our endeavours to notify all users of any scheduled maintenance or upgrades by posting a notice on the Site, and to schedule such maintenance and upgrades outside of normal working hours. However, you agree that we have no liability to you for such interruptions.
Article 7. Termination
A Member may at any time and without the need to provide any reason end his/her Registration with us by requesting the closure of his/her account in the area of the Sites designated for such purposes. Such request shall be deemed effective from the first working day after receipt by us of the request for closure of the account concerned.
Without prejudice to the other provisions hereof, where the Member commits a serious breach of these Terms and Conditions, we will terminate the Member’s account without prior notification or warning. Such termination shall have the same effects as a termination by the Member.
Without prejudice to the other provisions hereof, where the Member commits a breach of these Terms and Conditions, we will terminate the Member’s account seven (7) days after having sent to the Member an email requesting unsuccessfully that he or she comply with these Terms and Conditions.
Such termination shall take effect without prejudice to any damages that we might claim from the Member, in compensation of the harm suffered as a result of such breaches.
The Member will be informed by email of the termination, or the confirmation of the termination, of his/her account. Data relating to the Member may be destroyed following the termination of the Member’s account.
Article 8. Personal privacy and protection of Member data
Article 9. Intellectual Property
The trademarks (including but not limited to those of the Site), logos, graphics, photographs, animations, videos and texts featured on the Sites and in our provision of the Services are the intellectual property of We Kandu It Limited or our licensors and may not be reproduced, used or represented except in accordance with these Terms and Conditions without our express permission.
The rights of use granted by ourselves to the Member are strictly limited to accessing, downloading, printing and reproduction on all media (hard disk, floppy disk, CD-ROM, etc.) and the use of these documents for private purposes in the scope of, and for the duration of, the Member’s membership.
In particular, the Member is prohibited from modifying, copying, reproducing, disseminating, transmitting, exploiting for commercial gain and/or distributing in any form whatsoever, the Services, or elements comprising any part of the Services, from any of the Sites’ webpages, software or code.
Article 10. Liabilities and Warranties
We warrant that we shall provide the Services with reasonable skill and care and use industry standard virus detection software in relation to the Site.
Each Member warrants and represents that it is not a consumer and that it is acquiring the right to access and use the Site for the purposes of a business. Accordingly, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the Services.
THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE SITE AND THE SERVICES (WHETHER IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE), INCLUDING ANY WARRANTY, TERM OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE, AVAILABILITY AND NON-INFRINGEMENT ARE EXCLUDED.
WE WILL NOT BE LIABLE, IN CONTRACT, TORT (INCLUDING NEGLIGENCE), UNDER STATUTE OR OTHERWISE, AS A RESULT OF OR IN CONNECTION WITH THE SYSTEM OR SERVICES FOR ANY: (A) ECONOMIC LOSS (INCLUDING LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS); (B) LOSS OF REPUTATION OR GOODWILL; (C) LOSS OF DATA OR CONTENT, INCLUDING MEMBER CONTENT; AND/OR (D) SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSSES. OUR AGGREGATE LIABILITY TO A MEMBER UNDER THESE TERMS CONDITIONS OR OTHERWISE IN RESPECT OF THE SITE SHALL BE LIMITED TO £50 PER CLAIM OF SERIES OF CLAIMS BASED ON THE SAME SET OF CIRCUMSTANCES.
This Article (and any other Article excluding or restricting our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this Article under the Contracts (Rights of Third Parties) Act 1999) as well as to us.
Nothing in these Terms and Conditions in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself. If you do not, we shall have no liability to you for that matter.
We shall not be liable for any damage to a Member caused or contributed to by that Member, for example by not complying with these Terms and Conditions.
Article 11. Indemnity
You shall indemnify keep indemnified us (including our directors, officers, employees, subcontractors, agents and affiliated companies) against all third party claims and liabilities related to your breach of these Terms and Conditions.
Article 12. Third party websites
We or third parties may provide links on our Site to third party websites. You use them at your own risk. We do not review, recommend or endorse such third party websites, nor are we responsible for their content or any goods or services offered thereon.
If in the course of performing a search on our Sites you encounter any third party website the use of which would violate applicable law, you must immediately refrain from and/or cease use of such website.
Article 13. Entire Agreement
If any of the provisions of these Terms and Conditions is declared void in application of a law, a regulation, or a final decision of a court having proper jurisdiction, all other provisions shall remain fully in effect.
Furthermore, failure by a party to take action in respect of the breach by the other party of any provisions of these Terms and Conditions, shall not be interpreted as constituting a waiver by said first party of the right to take action in future in respect of such a breach.
Article 14. Amendments
We may modify these Terms and Conditions at any time. The Member will be bound by such modifications one month after their posting on the Site. For Members registered after any modifications have been put online, these modifications shall be immediately applicable, as the Member will have expressly accepted them when the account was opened.
Article 15. Jurisdiction and Applicable Law
This Agreement shall be governed by the law of England and Wales and you hereby submit to the exclusive jurisdiction of the English Courts to hear any dispute under these Terms and Conditions.
For any questions you wish to ask, you may contact us by emailing email@example.com
We are committed to ensuring that there is no modern slavery or human trafficking in our supply chains or in any part of our business.