Terms & Conditions
These Terms and Conditions also include the Katch_e Email Disclaimer, as well as the Katch_e Knowledge Platform and the Katch_e Knowledge Hub.
1. Applicable Terms
1.1 Use of this site constitutes your acceptance of these terms and conditions, which take effect immediately on your first use of the site. Katch_e reserves the right to change these terms and conditions at any time by posting changes online.
1.2 You are responsible for reviewing regularly information posted online to obtain timely notice of such changes. Your continued use of this site after changes are posted constitutes your acceptance of this agreement as modified by the posted changes.
1.3 If there is any conflict between these Terms and Conditions and/or specific terms appearing elsewhere on this site relating to specific material then the latter shall prevail.
2. Restrictions on Use of Materials
2.1 This site («the Site») is owned and operated by PROSPEKTIKER, S.A.| Parque Empresarial Zuatzu – Edificio Urumea, Planta 1, Local 1 – Zubiberri Bidea, 31 – 20018 Donostia-San Sebastian | Tel.: + (34) 943 835 704 | e.atin@prospektiker.es | A20148037
2.2 Unless otherwise indicated the contents including the names, images and logos identifying Katch_e and its products and services are the property of Katch_e and are protected, without limitation, pursuant to copyright and trademark laws and may not be reproduced or republished.
2.3 Subject always to 1.3 material produced by Katch_e on this Site (which for the avoidance of doubt does not include material on any linked website of a third party) may be copied or downloaded for your own use provided that:
2.3.1 you attach to all such material the following statement «This material has been reproduced from the website www.katche.eu”;
2.3.2 you agree not to adapt, alter or create a derivative work from any of the material contained in this Site;
2.4 In the event you download software from the Site in accordance with 2.3, the software including any files, images incorporated in or generated by the software and data accompanying the software (together, the «Software») are licensed to you Katch_e. Katch_e does not transfer title to the Software to you. You own the medium on which the Software is recorded, but Katch_e, or others retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software.
3. Liability
3.1 Katch_e does not warrant that the functions contained in the material contained in this Site will be uninterrupted or error free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the materials.
3.2 This Site and the information, names, images, pictures, logos and icons regarding or relating to Katch_e, its products and services (or to third party products and services), is provided «AS IS» and on an «AS AVAILABLE» basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
3.3 Whilst Katch_e makes every effort to guarantee the accuracy of information contained within this Site, it accepts no liability for any inaccuracies and visitors who rely on this information do so at their own risk.
3.4 Katch_e is not responsible for the contents or reliability of the linked websites and does not necessarily endorse the views expressed within them. Listing shall not be taken as endorsement of any kind.
3.5 Nothing in these terms and conditions shall operate or be construed so as to exclude or restrict:
3.5.1 any warranty or condition implied by statute in the event of your dealing as a «consumer» as defined by section 12 of the unfair contract terms act 1977. In such a case your statutory rights are unaffected by these terms and conditions; or
3.5.2 The liability of Katch_e for death or personal injury caused by reason of the negligence of Katch_e or of its servants, employees or agents
3.6 Save as set out in clause 3.5, in no event will Katch_e be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortious action, arising out of or in connection with the use of the Site.
3.7 In no event shall Katch_e’s total liability to you for all damages, losses and causes of action (whether in contract, or not (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for accessing the Site.
4. Your Contributions
4.1 Where you are invited to submit any contribution to the Site (including without limitation any text, graphics, video or audio) you are required by such submission to grant Katch_e a perpetual, royalty-free, non-exclusive, sublicenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in such content, consistent with privacy restrictions set forth in Katch_e ‘s Privacy Policy. If you do not wish to grant such rights to Katch_e, it is suggested that you do not submit your contribution to this Site.
4.2 By submitting your contribution to this Site, you also:
4.2.1 warrant that such contribution is your own original work and that you have the right to make it available to Katch_e for all the purposes specified above; and
4.2.2 indemnify Katch_e against all legal fees, damages and other expenses that may be incurred by Katch_e as a result of your breach of the above warranty; and
4.2.3 agree to waive any moral rights in your contribution for the purposes of its submission to and publication on this Site and the other purposes specified above; and
4.2.4 acknowledge and agree that it may be copied or downloaded by users pursuant to clause 2.3.
5. Use of Site
You agree to use this Site only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of this Site by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within this Site.
6. Termination
6.1 This Agreement is effective until terminated by either party.
6.2 You may terminate this Agreement at any time by destroying all materials obtained from the Site and all related documentation and all copies and installments thereof whether made under the terms of this Agreement or otherwise.
6.3 This Agreement will terminate immediately without notice from Katch_e, if in Katch_e sole discretion you fail to comply with any term or provision of this Agreement.
6.4 Upon termination, you must destroy all materials obtained from the Site and all copies thereof, whether made under the terms of this Agreement or otherwise.
7. Severability
If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
8. Jurisdiction
8.1 The Site is controlled and operated by PROSPEKTIKER, S.A.from its offices in Zamudio, Spain. Katch_e makes no representation that materials on this Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
8.2 These Terms and Conditions shall be governed by and construed in accordance with the laws of Spain. Disputes arising here from shall be exclusively subject to the jurisdiction of the courts of Spain.
9. Email Disclaimer
9.1 The contents of email (including attachments) sent from Katch_e are confidential and subject to copyright. It is intended only for the use of the individual or entity to which it is addressed. If you have received an email in error, please contact the sender immediately by returning the email or by telephoning +34 943 835 704 and asking to speak to the sender, and then delete it (including any attachments) from your system. If you are not the intended recipient of the email, any disclosure, copying, distribution or use of its contents is strictly prohibited.
9.2 Katch_e uses anti virus technology to check all outgoing messages but cannot guarantee the absence of viruses and Katch_e does not accept liability for any virus introduced by any email or any attachment and you are advised to use appropriate and up-to-date virus checking software.
9.3 Katch_e cannot accept any responsibility for the accuracy or completeness of the contents of any email as it has been transmitted over a public network and Internet communications are not secure. If verification is required, please request a hard copy.
9.4 Except where the email is sent in the usual course of business, the views and opinions expressed in any email message are those of the individual sender and do not necessarily reflect the views and opinions of Katch_e.
9.5 Katch_e reserves the right to monitor incoming and outgoing emails in accordance with the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 and / or for the purposes of quality control and / or training purposes.
9.6 Email is sent to the recipient at the request of, or in response to, the intended recipient’s expressed interest in Katch_e activities. Katch_e wishes to retain your contact information for the purpose of making future contact with you about Katch_e ‘s activities and aims. If you do not wish your contact information to be kept, you may let Katch_e know by sending an email to e.atin@prospektiker.es with your specific request to opt-out of such contacts.