PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

WHAT’S IN THESE TERMS?

1. These terms tell you the rules for using our website koactt.com (our site).

WHO WE ARE AND HOW TO CONTACT US

2. Koactt which includes the website operating via the domain name koactt.com and its mobile application (“Koactt”) is owned and operated by Black Astrum Ltd, a company registered in England and Wales with company number 07520381 registered at Prospect House, 67 Boston Manor Rd, Brentford TW8 9JQ (“we/us/our”).  To contact us, please email support@koactt.com

3. Koactt allows brands and creators (including those authorised to act on behalf of them), to create a profile and make contact with brands or creators. In these Terms of Use, people who access the website are collectively and individually referred to as “users” or “you/your” as the context requires.

BY USING OUR SITE YOU ACCEPT THESE TERMS

4. By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these Terms of Use, you must not use Koactt.

5. We recommend that you print a copy of these terms for future reference.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

6. These terms of use refer to the following additional terms, which also apply to your use of our site:

• Our Privacy Policy

WE MAY MAKE CHANGES TO THESE TERMS

7. We may amend these Terms of Use from time to time without notice. Every time you wish to use Koactt, please check these Terms of Use to ensure you understand the terms which apply at that time as we may not be able to notify you each time we make a change yet all changes shall be legally binding on you.

WE MAY SUSPEND OR WITHDRAW OUR SITE

8. We make no representation that Koactt, its website, application or any element of its platform is appropriate or available for use in all locations. We do not guarantee that Koactt, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of Koactt for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

SOCIAL MEDIA

9. We will not expressly disclose that you are a member of Koactt via our social media platforms unless you agree or request that we do so. Notwithstanding the foregoing, you hereby consent to us to re-posting any content on our social media platforms, without notice to you, that you or any third party have posted via social media which may suggest expressly or impliedly that you are a member of Koactt. If you do not wish us to repost any images or content on our social media platforms in accordance with the above, please let us know immediately by contacting us at support@koactt.com.

10. You are wholly responsible for accepting and installing regular updates to the app. If you choose not to accept app updates, your access to the service may be impacted.

ACCOUNT DETAILS AND MINIMUM AGE

11. You agree to treat your user name, password or any other piece of information which forms part of our security procedures, as confidential. You must not disclose it to any third party.

12. We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use and the Koactt Rules.

13. If you know or suspect that anyone other than you knows your user name or password, you must promptly notify us at info@koactt.com. Koactt is designed for use by people aged 18 years and over. Anyone under 18 is not authorised to use Koactt.

LINKED SITES AND SOCIAL MEDIA PLATFORMS

14. The Koactt website including profiles posted by brands or creators may contain links to other sites not maintained by Koactt (“Linked Sites”).

15. We are not responsible for the content of any Linked Sites, nor do we in any way endorse any Linked Sites nor are we responsible for the quality or delivery of any products or services offered, accessed or advertised by such Linked Sites.

16. To the extent that any Linked Sites collect personal information or contributions from you, we shall bear no responsibility or liability for the manner in which such information or postings are used or exploited. The Linked Sites are for your convenience only and you agree to access them at your own risk.

17. We may utilise social networks or share functionality and the website may contain social media links, applications or features (including but not limited to Facebook, Twitter and Instagram).

18. Your use of any social media platforms is subject to the particular social media platform's prevailing terms and conditions of use and you are encouraged to review the terms and conditions of use of each social media platform before engaging or interacting with the social media links, applications or features on Koactt. By using any social media applications or features on Koactt, you consent and agree to be bound to the particular terms and conditions of use of the applicable social media platform. Koactt is in no way sponsored, endorsed or administered by, or associated with, any social media platform.

UPLOADING CONTENT TO KOACTT

19. Whenever you upload, link to or otherwise publish content directly or indirectly to Koactt as part of a profile or otherwise, or whenever you message or make contact (for the avoidance of doubt, including but not limited to providing content) with brands or creators via Koactt, (“Contributions”), you must refer to and comply with the content standards set out in our Koactt Rules.

20. You are wholly responsible for any Contributions you post or refer to on Koactt and we accept no responsibility for any such Contributions including their truth, accuracy or decency.

21. We do not have any obligation to moderate, monitor, edit or remove any Contribution. The views expressed by brands and creators on Koactt or as part of any Contributions do not represent Koactt’s views or values. However, we may delete Contributions at any time without notice if we believe in our absolute discretion that they are in breach of our content standards or any other part of these Terms of Use.

22. You warrant that any Contributions will at all times comply with our Koactt Rules and these Terms of Use, and you will be liable to us and promptly indemnify us in full for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

23. Any and all Contributions you upload, link to or otherwise publish to Koactt will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Contributions, but you are required to grant us and other users of Koactt certain rights and licences described below.

24. You agree that we are not responsible for, and do not endorse, any Contribution posted by brands or creators on Koactt.

VIOLATION OF TERMS

25. If your Contribution violates these Terms of Use, you bear full legal responsibility for that Contribution.

26. We also have the right to disclose your identity to any third party who is claiming that any Contribution posted or uploaded by you to Koactt constitutes a violation of their intellectual property rights, or of their right to privacy.

27. We have the right to remove any Contributions you upload, link to or post to Koactt if, in our opinion, it does not comply with the content standards set out in our Koactt Rules.

28. You are solely responsible for securing and backing up your Contributions.

COMPLAINTS

29. If you wish to complain about any Contribution please contact us at info@koactt.com

WARRANTIES

30.  You warrant and represent that:

30.1.  you own all IPR in and to Contributions you upload to or via Koactt and have the right to licence the Contributions to us and brands or creators as applicable in the manner set out in these Terms of Use;

30.2.  you have the right to licence the Contributions you upload to or via Koactt to us and brands or creators as applicable in the manner set out in these Terms of Use; you will not encourage or facilitate any misrepresentation or suggestion of a false approval, endorsement or sponsorship; and

30.3  you will comply with our Koactt Rules.

LICENCE

31. When uploading, posting or otherwise providing us with Contributions, you hereby agree to:

31.1.  grant to Black Astrum Limited (and its agents), a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable licence to use any Contribution (including creating and using derivative works) and you authorise us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in any Contribution in any media known now or in the future for the purpose of marketing and promoting Koactt, its products and services in any manner; and

31.2.  grant to the creator (as a brand), or to the brand (as a creator), a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable licence to post, edit, distribute, publish including across social media platforms, comment upon or in any other way exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in any Contribution in any media known now or in the future in any manner connected directly or indirectly with the opportunity to which the Contribution relates and in accordance with these Terms of Use; and

31.3.  to the fullest extent permitted under applicable law, waive your moral rights in any Contribution and promise not to assert such rights or any other intellectual property rights you have in any Contribution against us, a creator or a brand.

TRADE MARKS

32. Koactt and the Koactt logos are trademarks of Black Astrum Limited and you are not permitted to use them without our express written consent.

LIMITATION OF LIABILITY

33. We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

34. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

34.1.  use of, or inability to use, our site;

34.2.  any errors or omissions in Contributions including any failure to update vacancies, opportunities, products or other services; or

34.3.  use of or reliance on any content displayed on our site.

35. In particular, we will not be liable for:

35.1.  loss of profits, sales, business, or revenue;

35.2.  business interruption;

35.3.  loss of anticipated savings;

35.4.  loss of business opportunity, goodwill or reputation; or

35.5.  any indirect or consequential loss or damage.

36. We shall not be liable to any brands or creators for damages of any kind arising out of the brand’s or creator’s use of Koactt in accordance with these Terms of Use.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

37. We do not guarantee that Koactt will be secure or free from bugs or viruses.

38. You are responsible for configuring your information technology, computer programmes and platform in order to access Koactt. You should use your own virus protection software.

39. You must not misuse Koactt by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.

40. You must not attempt to gain unauthorised access to Koactt, the servers on which the platform is hosted or any associated service.

41. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

42. You may not, nor authorise any third party to, do the following in relation to Koactt its website or mobile application:

42.1.  decompile, reverse engineer, disassemble or otherwise convert any element to a human-perceivable form;

42.2.  distribute or republish any element;

42.3.  resell, rent, lease or lend any element;

42.4.  defeat, disable or circumvent any security feature;

42.5.  transfer any element to any third party;

42.6.  use any data gathering or extraction methods or engage in any crawling, scraping, caching or otherwise accessing any content via automated means without consent;

42.7.  register, subscribe, unsubscribe any party to any product or service unless you are specifically authorised by such party to do so; and / or

42.8.  seek to commercialise any component of Koactt or its platform.

TERMINATION

43. We reserve the right to modify or terminate Koactt or your access to it for any reason, without notice, at any time, and without liability to you.

44. We shall terminate your membership immediately in the event that you are in breach of any of the obligations in these Terms of Use.

45.We will determine, in our discretion, whether there has been a breach of these Terms of Use and we may take such action as we deem appropriate which may result in us taking all or any of the following actions:

45.1.  immediate suspension or termination of your right to use Koactt;

45.2.  immediate, temporary or permanent removal of any Contribution uploaded by you;

45.3.  issue of a warning to you;

45.4.  legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

45.5.  further legal action against you; and / or

45.6.  disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

MISCELLANEOUS

46. Should we receive any lawful request from a regulatory or enforcement authority for information about any party who uses Koactt, including without limitation any claim that a user’s use of Koactt is unlawful, inappropriate or infringes a third party’s rights, you hereby consent to us providing such information and fully cooperating with such request which may include without limitation the delivery up of items.

BRAND MEMBERSHIP PLANS

47. MONTHLY MEMBERSHIP

47.1 SUBSCRIPTION TERMS

Your subscription begins as soon as your initial payment is processed. Your subscription will automatically renew each month without notice until you cancel. You authorise us to store your payment method(s) and to automatically charge your payment method(s) every month until you cancel. We will automatically charge you the then-current rate for your plan, plus applicable taxes (such as VAT if the rate does not include it), every month upon renewal until you cancel. 

We may change your plan’s rate each monthly renewal term and we will notify you of any rate change with the option to cancel. If the applicable VAT rate (or other included tax or duty) changes during your one-month term, we will accordingly adjust the tax-inclusive price for your plan on your next billing date.

If your primary payment method fails, you authorise us to charge any other payment method in your account. If you have not provided us a backup payment method(s) and you fail to provide payment or if all payment methods in your account fail, we may suspend your subscription.

For European Economic Area customers, your bank may require you to authenticate your initial purchase using a password, a one-time code sent to your mobile number or biometric recognition. When you authenticate, you also authorise us to charge your payment method for your additional purchases without providing us further payment information or other instructions (i.e., we will initiate future payments independently). Such additional purchases may occur when we automatically charge your payment method in connection with a recurring subscription or when you add or change licences or products.

47.2 CANCELLATION TERMS

You can cancel your subscription any time by contacting Koactt customer support. If you cancel your subscription, your service will continue until the end of that month’s billing period.

48. TWELVE MONTH MEMBERSHIP - PAID MONTHLY

48.1 SUBSCRIPTION TERMS

Your subscription begins as soon as your initial payment is processed. Your subscription will automatically renew annually without notice until you cancel. You authorise us to store your payment method(s) and to automatically charge your payment method(s) every month until you cancel. We will automatically charge you the then-current rate for your plan, plus applicable taxes (such as VAT if the rate does not include it), every month of your annual contract until you cancel.

We may change your plan’s rate each annual renewal term and we will notify you of any rate change with the option to cancel. If the applicable VAT rate (or other included tax or duty) changes during your one-year term, we will accordingly adjust the tax-inclusive price for your plan mid-term on your next billing date.

If your primary payment method fails, you authorise us to charge any other payment method in your account. If you have not provided us a backup payment method(s) and you fail to provide payment or if all payment methods in your account fail, we may suspend your subscription. In the event that all payment methods in your account fail, we will notify you of such failure within a reasonable time period. Where we haven’t received an acceptable response from such notification within 30 days, we reserve the right to begin legal proceedings to recover the outstanding balance and any costs of recovery.

For European Economic Area customers, your bank may require you to authenticate your initial purchase using a password, a one-time code sent to your mobile number or biometric recognition. When you authenticate, you also authorise us to charge your payment method for your additional purchases without providing us further payment information or other instructions (i.e., we will initiate future payments independently). Such additional purchases may occur when we automatically charge your payment method in connection with a recurring subscription or when you add or change licences or products.

48.2 CANCELLATION TERMS

You can cancel your subscription any time by contacting Koactt customer support. If you cancel within 14 days of your subscription beginning in accordance with clause 48.1 above, you will be refunded the payment for that month. Should you cancel after 14 days, your payment is non-refundable and your service will continue until the end of your contracted term.

Should you be eligible for any promotion or offer which provides more than 30 days free trial, you can cancel at anytime during this free trial period only, and you will not be charged. Should you cancel after the trial period, your payment is non-refundable and your service will continue until the end of your contracted term.

GOVERNING LAW AND JURISDICTION

49. These Terms of Use are governed by and are to be construed in accordance with the laws of England and Wales and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.