1.3. This Agreement is written to protect both you and us. You should read this Agreement carefully because it governs your access to, and use of, our website and any related services. This Agreement tells you who we are, how we will provide the website content and services to you, how we may change or end the Agreement, what to do if there is a problem and other important information. If you think that there is a mistake or omission in any of these terms, please contact us via the website “Contact Us” page to discuss.
2. Information About Us and How to Contact Us
2.1. The website is operated by KG Digital Ltd. We are a limited company registered in England and Wales under company number 12245261 and have our registered office at The Mill Pury Hill Business Park, Alderton Road, Towcester, United Kingdom, NN12 7LS.
2.2. The Money Pig is a trading brand name of KG Digital Ltd and refers to our website and its services.
2.3. You can contact us via the website “Contact Us” page or by post sent to our trading address.
3. License Grant
3.1. Subject to your continued compliance with this Agreement, we will provide to you a single, revocable, limited, non-exclusive, non-transferable, and non-sublicensable license to access and use the website during the term of this Agreement on your personal computing device and only for personal purposes.
3.2. You accept responsibility for ensuring that all persons who access our website through your internet connection are aware of the terms of this Agreement and that they comply with them.
3.3. The website is directed to people residing in or planning to reside in the United Kingdom and the content is only appropriate for financial matters within the United Kingdom. We do not represent that content available on or through the website is appropriate or available in other locations. If you choose to access the website from outside the United Kingdom, you do so at your own risk.
3.4. The content layout, formatting, features of and online or remote access processes or privileges for the website shall be as specified by us at our sole discretion.
3.5. You also acknowledge and agree to the following:
a) the right to control and direct the means, manner, and method by which the website is provided;
b) We may, from time to time, engage independent contractors, consultants, or subcontractors to aid us in providing the website or use thereof; and
c) We have the right to provide the website to others.
4. Restrictions on Use
4.1. All rights not expressly granted under this Agreement are hereby reserved to us. Accordingly, you are hereby prohibited from using the website in any manner that is not expressly and unambiguously authorized by this Agreement. You, therefore, may not modify, reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, reverse engineer, decompile, extract source code, broadcast, publish, remove or alter any proprietary notices or labels, license, sublicense, sell, mirror, frame, rent, lease, private label, grant a security interest in, create derivative works of, or otherwise exploit the website, or any portion of the website, without our prior written consent, except as expressly and unambiguously authorized herein.
4.2. Moreover, you may not:
a) Attempt to gain unauthorized access to any portion or feature of the website or any other systems or networks connected to the website or to any server or to any of the services offered on or through the website by any illegitimate or prohibited means;
b) Probe, scan, or test the vulnerability of the website or any networks connected to the website, nor breach the security or authentication measures on the website or any networks connected to the website;
c) Use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the website or its data, or in any way reproduce or circumvent the navigational structure or presentation of any of the website to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the website;
d) Reverse lookup, trace, or seek to trace any information on any other user of or visitor to the website;
e) Use any device, software, or routine to interfere with the proper working of the website or any transaction conducted on the website, or with any other person’s use of the website;
f) Forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to us on or through the website;
g) Delete, obscure, or in any manner alter any warning or link that appears in the website;
h) Use the website in an unlawful manner, including, without limitation, to post, upload, transmit, or otherwise make available any material which violates, misappropriates, or infringes in any way upon the rights of others, is unlawful, threating, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, or encourages conduct that would constitute unlawful conduct;
i) Knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
j) Attack the website via a denial-of-service attack or a distributed denial-of-service attack;
k) Sell, license, or exploit for any commercial purposes any use of or access to the website, except as expressly permitted by us;
l) Remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the website and/or any Licensed Content;
m) Act in a manner which might be perceived as damaging to our reputation and goodwill or which may bring us into disrepute or harm.
4.3. We will treat the breach of any of the above provisions as a breach of the Computer Misuse Act 1990 and report any such breach to the relevant law enforcement authorities. We will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
5.1. To reflect our ownership of the website and to protect our rights and interests therein, you shall ensure that proper attribution and notice of copyright attribution appears with any use of the website and, in particular, any printout or screenshot from the website or of the website’s content.
6. User Obligations
6.1. By downloading, accessing, or using the website, you covenant that you will abide by all applicable local and national laws and regulations with respect to your use of the website and that you are at least the age of 13.
7. Mobile Services
7.1. The website offers display functionality and various tools that are available to you via your mobile phone or any other mobile computing device (collectively, “Mobile Services”). You are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices; what restrictions, if any, may be applicable to your use of the Mobile Services; and how much such use will cost you. Nevertheless, all use of the website and its related Mobile Services shall be strictly in accordance with this Agreement.
8.1. The website may be supported by advertising and sponsorship revenue.
8.2. Advertisements for our products and services or any third-party products and services will generally be displayed within the frame of the website.
9. Data Protection
9.1. Notwithstanding any other provision of this Agreement, in exercising its rights and performing its obligations under this Agreement, we shall, to the extent necessary, comply with the Data Protection Legislation.
9.2. We warrant that we will act only on and at all times comply with your lawful, reasonable and documented instructions, unless we are required by the laws of any member of the European Union or by national laws to process personal data in which case we shall, to the extent permitted by such law, inform you of that legal requirement before processing that personal data.
9.3. Having regard to the state of technological development and to the cost of implementing any measures, take appropriate technical and organisational measures against unauthorised or unlawful processing of such personal data, unauthorised access to, or disclosure of, such personal data and against accidental loss or destruction of, or damage to, such personal data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected.
9.4. We will not transfer any personal data provided by you outside of the European Economic Area (EEA) unless such transfer is undertaken in accordance with applicable Data Protection Legislation.
11. Links to Our Website
11.1. You may link to any page of this website provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. In linking to our website, you agree to not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
11.2. We reserve the right to withdraw linking permission without notice.
12. Links to Other Websites
12.1. The website may connect to certain third-party websites or online networks (collectively, “Third-Party websites”). These Third-Party websites have not necessarily been reviewed by us and are owned, controlled and/or maintained solely by third parties over whom we exercise no control. Your correspondence or any other dealings with any third parties found through any Third-Party websites on our website are solely between you and such third parties. Accordingly, we hereby expressly disclaim and shall not have any liability or responsibility for any Third-Party websites.
13. Proprietary Rights
13.1. All intellectual property rights (including use of trademarks) shall be solely owned by us. You are permitted only to use material on our website as expressly authorised by us or our licensors. Our rights are protected by UK, European, and International intellectual property laws, including those for the protection of copyrights, trademarks, and database rights. Misuse of our website may incur civil liability or attract criminal sanctions.
13.2. This Agreement provides only a limited license to access and use the website in accordance with the terms of this Agreement. Accordingly, you hereby agree that such use transfers no ownership or intellectual property interest or title in and to the website or any other intellectual property to you or anyone else in connection with your use of the website.
13.3. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including HTML code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the website are exclusively owned, controlled, and/or licensed by us or our affiliates.
a) You may print off one copy and may download extracts, of any pages from our website for your personal use and you may draw the attention of others to content posted on our website;
b) You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text;
c) Our status and that of any identified contributors as the authors of content on our website must always be acknowledged;
d) You must not use any part of the content on our website for commercial purposes without obtaining a licence to do so from us or our licensors;
14.1. The website is provided on an “as-is” basis and may include errors, omissions, or other inaccuracies. We have taken every reasonable step to ensure that all data included in the website is robust. However, no warranty, express or implied, is given as to its accuracy and we do not accept any liability for error or omission. We are not responsible for how the information is used, how it is interpreted or what reliance is placed on it.
14.2. We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. Access to our website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our website without notice. We will not be liable to you if for any reason our website is unavailable at any time or for any period.
14.3. We hereby expressly disclaim all warranties, express or implied, including, without limitation, any warranty of merchantability, fitness for a particular purpose, or non-infringement or any other implied warranty. We also make no representations or warranties that the website will operate error-free, uninterrupted, or in a manner that will meet your requirements and/or needs. Therefore, you assume the entire risk regarding the quality and/or performance of the website. You specifically acknowledge that we are not liable for the defamatory, offensive or illegal conduct of other users or third parties over which we have no control.
15. Limitation of Liability
15.1. You expressly absolve and release us from any claim of harm resulting from a cause beyond our control, including, but not limited to, failure of electronic or mechanical equipment, computer viruses, unauthorized access, operator errors. To the maximum extent permitted by law, in no event shall we be liable for any indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with any dealings or agreements between you and a third party, the use of the website, with the inability to use the website, the cost of procurement of substitute products or services, or for any information, software functionality, and materials available through the website, even if we have been advised of the possibility of such damages.
15.2. Notwithstanding anything to the contrary herein, nothing in this Agreement shall exclude or limit our liability for fraud or fraudulent misrepresentation by it or our personnel.
16.1. Our website may be used for lawful purposes only. You agree to indemnify and hold us harmless from any claims resulting from your use of our service that damages you or any other party.
17. Security & Enforcement
17.1. Any actual or attempted use of the website by you in violation of this Agreement may result in criminal and/or civil prosecution, including, without limitation, punishment under English law. We reserve the right in its sole discretion to review, monitor, and/or record any information relating to your use of the website (“User Information”) without any prior notice to or permission from you, including, without limitation, by archiving content and/or communications submitted to and/or sent by you through the website.
17.2. We may share any User Information that we obtain from you with any law enforcement organization in connection with any investigation or prosecution of possible criminal or unlawful activity. We will also disclose User Information as required by any court order and/or subpoena.
17.3. In addition, we hereby reserve the right in our sole discretion to, at any time and without notice, modify, suspend, terminate, and/or interrupt operation of or access to the website, or any portion thereof, in order to protect the website, our intellectual property, our business or our business interests and/or our members and affiliates.
18. Term and Termination
18.1. This Agreement will take effect at the time first access the website. You may cease use of the website at any time.
18.2. This Agreement will terminate automatically if
a) You fail to comply with any of its terms and conditions;
b) You cease all use of the website and its services.
18.3. Termination will be effective without notice. In addition, we may at our sole discretion terminate this Agreement upon notice to you for any or no reason. Upon termination of this Agreement, any and all rights to use the website shall immediately cease and you must promptly delete or destroy all copies of the website in your possession or control.
19. Other Terms and Conditions
19.1. Additional notices, terms, and conditions may apply to access to or use of our products and services. If there is a conflict between this Agreement and any other notices, terms, or conditions, we shall resolve any conflict in good faith at our sole discretion, but this Agreement shall generally control with respect to accessing and using the website.
20. Governing Law
20.1. This Agreement and any non-contractual obligations arising from or connected with it shall be governed by English law and this Agreement shall be construed in accordance with English law.
20.2. In relation to any legal action or proceedings arising out of or in connection with this Agreement (whether arising out of or in connection with contractual or non-contractual obligations), each of the parties irrevocably submits to the exclusive jurisdiction of the English courts. Any proceeding, suit or action arising out of or in connection with this Agreement shall be brought only in the courts of England.
20.3. Other jurisdictions may apply solely for the purpose of giving effect to this clause 20 and for the enforcement of any judgement, order or award given under English jurisdiction.
21. Legal Compliance
21.1. We assert that any goods and services provided hereunder shall comply with the applicable provisions of any international, European or national law or ordinance and all orders, rules and regulations issued thereunder.
21.2. You shall immediately notify us if you become aware of any allegation of non-compliance with any Law.
22.1. We and you agree to enter into negotiations to resolve any controversy, claim or dispute (“Dispute”) arising under or relating to this Agreement. The parties agree to negotiate in good faith to reach a mutually agreeable resolution of such dispute within a reasonable period. If good faith negotiations are unsuccessful, we and you agree to resolve the dispute by binding and final arbitration in accordance with the rules of arbitration of the Chartered Institute of Arbitrators in the United Kingdom and by Arbitrators appointed in accordance with such rules in effect. The Arbitrators shall be bound to follow the applicable provisions of any Agreement in resolving the dispute and may not award punitive damages. The decision of the Arbitrators’ shall be final and binding on the parties and any award of the arbitrators may be entered or enforced in any court of competent jurisdiction.
23. General Relationship
23.1. We are an independent website provider, and nothing contained in this Agreement shall be deemed or construed to create a partnership, joint venture, agency or other relationship.
24. Assignment and Substitution
24.1. We reserve the right to assign this Agreement or any part thereof without constraint.
24.2. This Agreement shall be binding on us and you and all respective successors and permitted assigns.
25. Non-Waiver of Rights
25.1. The failure by either us or you to enforce at any time or for any period any one or more of the terms or conditions of this Agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this Agreement.
26.1. Any rights and remedies specified under this Agreement shall be cumulative, non-exclusive and in addition to any other rights and remedies available at law or equity.
27.1. If any term contained in this Agreement is held or finally determined to be invalid, illegal or unenforceable in any respect, in whole or in part, such term shall be severed from this Agreement, and the remaining terms contained herein shall continue in force and effect, and shall in no way be affected, prejudiced or disturbed thereby.
28. Human Rights Act
28.1. We and our agents and employees assert that at all times we shall comply with the provisions of the Human Rights Act 1998 in the execution of this Agreement.
29.1. We assert that we shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976, the Sex Discrimination Act 1975 and 1986, or the Disability Discrimination Act 1997, relating to discrimination in employment. We will take all reasonable steps to secure the observance of these provisions by all our servants, employees or agents and all vendors and sub-contractors employed in the execution of this Agreement.
30. Rights of Third Parties Act
30.1. The parties intend that no provision of any Agreement shall, by virtue of the Contracts (Rights of Third Parties) Act 1999 confer any benefit on, nor be enforceable by any person who is not a party to the Agreement.
31. Entire Agreement
31.1. This Agreement, including all documents incorporated herein by reference, shall constitute the entire agreement and understanding between the parties hereto and shall supersede and replace any and all prior or contemporaneous representations, agreements or understandings of any kind, whether written or oral, relating to the subject matter hereof.
32.2. We may update our website from time to time and may change the content at any time. However, please note that any of the content on our website may be out of date at any given time, and we are under no obligation to update it.
32.3. Each time you access our website, you agree to be bound by the Agreement in effect at the time you access the website. If you do not agree to the revised terms, please do not use the website.